Zucker v. Whitridge — 223 N.Y. 639

Majority

p. 639

Louise Zucker, as Administratrix of the Estate of Simon Zucker, Deceased, Appellant, v. Frederick W. Whitridge, as Receiver of the Third Avenue Railroad Company, Respondent.

Headnote

Zucker v. Whitridge, 172 App. Div. 903 , affirmed.

(Argued March 26, 1918;

decided April 23, 1918.)

Appeal, by permission, from a judgment of the Appellate Division of * the Supreme Court in the first judicial department, entered January 21, 1916, affirming a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing judgment for defendant in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. The intestate while crossing Third avenue in the city of New York was struck by one of defendant’s cars and received injuries resulting in his death. The defense was contributgry negligence. (See' Zucker v. Whitridge, 205 N. Y. 50 .)

Julius Henry Cohen and Theodore B. Richter for appellant.

Frederick J. Moses and Alfred T. Davison for respondent.

p. 640

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.

Cases cited

Zucker v. Whitridge 205 N. Y. 50 N.Y. 1912-03-19 p. 639