Gustavson v. Southern Boulevard Railroad
New York Court of Appeals
I. The trial court erred in charging that the plaintiff Gustavson could not recover against the defendant railroad company in the event that the jury found that the accident occurred while the automobile of the defendant Lipton was in motion at the time of the accident. (Rothschild v. Harris, 125 N. Y. S. 41; Boynton v. Boynton, 43 How. Pr. 380.) II.
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I. The trial court erred in charging that the plaintiff Gustavson could not recover against the defendant railroad company in the event that the jury found that the accident occurred while the automobile of the defendant Lipton was in motion at the time of the accident. (Rothschild v. Harris, 125 N. Y. S. 41; Boynton v. Boynton, 43 How. Pr. 380.) II. There was no error in the trial court’s refusal to charge that if the car was in motion, there should be a verdict in favor of Lipton as against Gustavson. (Lynch v. 155 N. T. S. 271; Golisano v. Crisafulli, 190 N. Y. S. 24; Miller v. Katz, 256…
1Opinion of the CourtThacher, J.
These two actions arise from a collision between a trolley car owned and operated by the defendant Railroad Company and a Ford automobile owned and operated by the appellant Lipton. Margaret Gustavson, deceased, was a passenger in the Ford automobile. Her administratrix brought suit in Action No. 1 against the Railroad Company and against Lipton to recover for wrongfully causing her death. The driver of the Ford suffered personal injuries, for which she seeks to recover against the Railroad Company in Action No. 2. These actions were consolidated for trial.
Immediately prior to the collision,…
2Cases cited5 opinions
- Burd v. BleischerAppellate Division of the Supreme Court of the State of New York · 1924
- Tumulty v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1928
- Imbriale v. SkidmoreAppellate Division of the Supreme Court of the State of New York · 1937
- Burger v. Fifth Avenue Coach Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Fuchs v. BrodyNew York Court of Appeals · 1940
3Cited by7 opinions
- Taype v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
- Skelka v. Metropolitan Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
- Lazar v. Westchester Street Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1944
- Carotenuto v. Surface Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1947
- Greenstein v. KahanAppellate Division of the Supreme Court of the State of New York · 1948
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