McKinley 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 15th day of June, 1903, upon the verdict of a jury for $5,000, and a,lso from an order entered in said clerk’s office on the 15th day of June, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J. :
On a former appeal a judgment in favor of the plaintiff in this case was reversed on account of an exception to a refusal to charge. Two of the members of the court concurred upon the ground that the complaint should- have been dismissed for the plaintiff’s failure-to show freedom from contributory negligence, but the majority gave no expression to their views On that question. (McKinley v. Met. St. Ry. Co., 77 App. Div. 256.) Upon the new trial there: was no material change in the facts. The accident occurred on the evening of the 25th day of May, 1899, while it was yet…
2Cases cited3 opinions
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Fuller v. DederickAppellate Division of the Supreme Court of the State of New York · 1898
- McKinley v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- Louisville & Nashville Railroad v. ChambersCourt of Appeals of Kentucky · 1915
- Cochran's Administrators v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Barney v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Leitner v. Columbia Rwy., Gas & Electric Co.Supreme Court of South Carolina · 1928
- Warshawsky v. BalteranskyAppellate Terms of the Supreme Court of New York · 1916