Depew v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hew York City Railway ' 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 oil - the 10th day of June, 1905, upon the verdict of a jury for $14,000, and also from an order éntered in said clerk’s office on the 10th day of May, 1905, denying the said defendant’s motion, for a new trial •made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is to recover for the negligent killing of plaintiff’s intestate.
The 'street over which defendant’s horse-car track ran had been or was in process of repair, and for some days,, .at least, the south-. erly rail of the east-hound track was depressed from four to six inches below its opposite rail. This depression extended about three feet along the- track making, as claimed, a sharp pitch hole over which défendant’s car at the time, of the accident was driven rapidly and by the swaying and bounding of which plaintiff’s intestate was tlirown from the front platform, upon…
2Cases cited2 opinions
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Palmer v. . DearingNew York Court of Appeals · 1883
3Cited by2 opinions
- Stappers v. Interurban Street Railway Co.City of New York Municipal Court · 1907
- Stappers v. Interurban Street Railway Co.City of New York Municipal Court · 1907