Legal Opinion

Dean v. Third Avenue Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 8 opinions

Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of April, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 26th day of . April, 1898, denying the defendant’s motion for a new trial made . upon the minutes.

1Opinion of the Court

Willard Bartlett, J.:

The plaintiff’s intestate, William H. Dean, came to his death as the result of an accident on the defendant’s line at the curve thereof in Park Row, in the city of New York, on the afternoon of th,el4tb • day of April, 1897. He was thrown to the ground from the step of. a moving car with such force as to inflict injuries from which he ■died nine days later. According to the testimony introduced in *221behalf of the plaintiff, the ear had stopped on the curve because there was a wagon in front of it loaded with rolls of paper, which impeded its progress for the time being.…

2Cases cited1 opinion

  1. Georgia Pacific Ry. Co. v. RobinsonMississippi Supreme Court · 1891

3Cited by8 opinions

  1. Sexton v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
  2. Tompkins v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1915
  3. Bessenger v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. Bessenger v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  5. Keeley v. City Electric Railway Co.Michigan Supreme Court · 1911

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