Cattano v. Metropolitan Street Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. . The nature of the action and the .facts, so far as material, are stated in the opinion. The complaint should have been dismissed on the ground that no negligence was shown on the part of the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. . The nature of the action and the .facts, so far as material, are stated in the opinion. The complaint should have been dismissed on the ground that no negligence was shown on the part of the defendant. (Lehr v. S. & H. P. R. R. Co., 118 N. Y. 556; Graham v. M. Ry. Co., 149 N. Y. 336; Ginna v. S. A. R. R. Co., 67 N. Y. 596; Hayes v. F. S. S., etc., R.…
1Opinion of the Court
This action was brought by the plaintiff as the administrator of his deceased son, to recover damages on account of his death caused, as alleged, by the negligence of the defendant. The answer raised the usual issues in such cases.
On July 3d 1899, the decedent, a young man about twenty years of age, was a passenger on one of the cross-town horse cars of the defendant running on 34th street in the city of New York. The car was crowded inside and out. All the seats were occupied; there was no standing room in the aisle, and on the front platform where the decedent was riding as many as eight…
2Cases cited10 opinions
- Crumpton v. United StatesSupreme Court of the United States · 1891
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
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3Cited by35 opinions
- Cherry Creek National Bank v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Rice v. NinacsAppellate Division of the Supreme Court of the State of New York · 1970
- Trudell v. New York Rapid Transit Corp.New York Court of Appeals · 1939
- Halverson v. Seattle Electric Co.Washington Supreme Court · 1904
- Gutin v. Mascali & Sons, Inc.New York Court of Appeals · 1962
30 more not listed; retrieve them via the Exa API.