McDonald v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of June, 1903, upon the verdict of a jury for $3,800, and also from an order entered in said clerk’s office on the 26th day of May, 1903, denying the defendant’s motion for a new trial made; upon the minutes.
1Opinion of the Court
O’Brien, J.:
This is an action to recover for injuries which caused the death of plaintiff’s intestate alleged to have occurred .through the negligence of defendant’s motorman in charge of a Broadway northbound car at Thirty-ninth street on December. 15, 1895. The facts, have been presented and considered in this court upon two former-occasions (46 App. Div. 143; 75 id. 559) and passed upon by the Court, of Appeals (167 N. Y. 66), a new trial being ordered on the first appeal on the ground that the question of contributory negligence-was one to be determined by the jury and on the second…
2Cases cited4 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Csatlos v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Cunningham v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905