Greenberg v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Moses L. Greenberg, as administrator,, etc., of Julius Greenberg, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
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Appeal by the plaintiff, Moses L. Greenberg, as administrator,, etc., of Julius Greenberg, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1898, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. The action was brought to recover damages resulting from the death of the plaintiff’s intestate, c&used by the alleged negligence of the defendant.
1Opinion of the Court
Patterson, J.:
On the trial of this action the complaint was dismissed, apparently upon the ground of the contributory negligence of the plaintiff’s intestate. There was evidence tending to show such negligence, but it is unnecessary to inquire whether it should have been submitted to the jury, because it is entirely plain that there was insufficient evidence of negligence on the part of the servants of the defendant. All that was shown concerning the accident was that on the afternoon of the 25th of November, 1896, the plaintiff’s intestate and two other boys had been playing in the street on…
2Cited by3 opinions
- Czarniski v. Security Storage & Transfer Co.Michigan Supreme Court · 1918
- Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902
- Griffith v. Metropolitan Street Railway Co.New York Supreme Court · 1900