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 28th day of January, 1902, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 22d day . of January, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The plaintiff seeks in this action to recover damages for the negligence of the defendant in causing the death of plaintiff’s intestate. It is not essential that we call attention' to the facts of the case for *560the reason that they are in all substantial respects the same as when the case was before this court upon a former appeal. In the first trial a verdict was directed by the court in favor of the defendant and, upon appeal, this court affirmed the judgment entered thereon (46 App. Div. 143), holding that the evidence was insufficient to support a recovery; and as a verdict would…
2Cases cited2 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Charlton v. Forty-Second StreetAppellate Division of the Supreme Court of the State of New York · 1903
- Prince v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1903
- Toohey v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Toohey v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905