Wabnich v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Dry Dock, East Broadway and Battery 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 Hew York on the 17th day of February, 1905, upon the verdict of a jury .for $3,000, and also from an order entered in said clerk’s office on the 20th day of March, 1905, denying the defendant’s"motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff’s intestate was a child five years and two months old, large and bright for her age. She was run over by one of the cars on the defendant’s road and. received the injuries which resulted in her death, for which her father as her administrator brings this, action. The jury found a verdict for the plaintiff, from which the defendant appeals. The trial judge charged the jury: “If you find that the accident occurred through the negligent act, of the driver, that the little girl lost her life as the result of the accident, then you will take up the question of the…
2Cases cited3 opinions
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Adams v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Kalonczyk v. StateNew York Court of Claims · 1936