Legal Opinion

McMahon v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1904PublishedCited by 1 opinion

Appeal by the plaintiff, Mary McMahon, 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 4th day of February, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of January, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hatch, J.:

The plaintiff seeks to recover damages for injuries claimed to have been negligently inflicted by the defendant. The complaint demands judgment for $2,500. The proof given by the plaintiff upon the trial tended to sustain the averments of the complaint, and if believed entitled her to a verdict at the hands of the jury for such sum as the evidence fairly warranted. It is evident, however, that the injuries were comparatively slight and the evidence of damage would not have justified the finding of a large amount. We should have no difficulty in affirming the judgment were it not for…

2Cases cited3 opinions

  1. Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
  2. Allis v. . LeonardNew York Court of Appeals · 1874
  3. Gilbertson v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897

3Cited by1 opinion

  1. Frank v. SubinAppellate Terms of the Supreme Court of New York · 1910

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