Legal Opinion

Hurley v. New York & Brooklyn Brewing Co.

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

Decided January 15, 1897PublishedCited by 10 opinions

Appeal by the plaintiff, Cornelius- Hitjrley, as administrator, etc., -of Anna E. Hurley, deceased, from a judgment of the- Supreme Court in favor of the defendant, The Brooklyn Heights Railroad Company, -entered in. the office of the clerk of the county of Kings on the 2d day of April, 1896, xtpoii the dismissal of its complaint as to said defendant directed by the court after a trial at a Trial Term, of the Supreme Court held in and for the county of Kings.

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Appeal by the plaintiff, Cornelius- Hitjrley, as administrator, etc., -of Anna E. Hurley, deceased, from a judgment of the- Supreme Court in favor of the defendant, The Brooklyn Heights Railroad Company, -entered in. the office of the clerk of the county of Kings on the 2d day of April, 1896, xtpoii the dismissal of its complaint as to said defendant directed by the court after a trial at a Trial Term, of the Supreme Court held in and for the county of Kings. Also, an appeal by the defendant, The New York and Brooklyn Brewing Company, from a judgment of the Supreme Court in favor -of tire…

1Opinion of the Court

Bradley, J.:

On the 19th day of December, 1893, the plaintiff’s intestate received an injury resulting from the collision of. the pole of the wagon of the defendant brewing company with the street car of the defendant railroad company in which she was a passenger. She died October 22, 1894. The charge made by the complaint is that her injury and death were caused by the negligence of both defendants., The complaint as against the defendant railroad company was *169dismissed at the trial and judgment entered accordingly, with costs. Upon a verdict against the other defendant for $3,000, judgment…

2Cases cited8 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  3. Turner v. . City of NewburghNew York Court of Appeals · 1888
  4. Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
  5. Knapp v. . BrownNew York Court of Appeals · 1871

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3Cited by10 opinions

  1. Kansas City Southern Railway Co. v. AkinSupreme Court of Arkansas · 1919
  2. Keegan v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  3. Brogan v. HananAppellate Division of the Supreme Court of the State of New York · 1900
  4. Baggett v. AllenSupreme Court of Alabama · 1964
  5. Sallie v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906

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