Crowell v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Howard Thomas, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 10th day of June, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of November, 1896, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant,. Howard Thomas, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 10th day of June, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of November, 1896, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff brings this action to recover damages for the negligent- killing of his daughter, Elizabeth Crowell. The jury rendered a verdict in favor of the plaintiff for $3,500 and interest from November 2,'1892,…
1Opinion of the Court
Adams, J.:
Upon substantially the' same evidence as that furnished by the record now before us, it was held by the late. General Term in the fifth department that the case presented a question of fact respecting the .defendant’s negligence which should have been submitted to the j|ny; and because upon a former trial it Was withheld from the jury and a. nonsuit directed, a new'trial was ordered. (Crowell v. Thomas, 90 Hun, 196.)
This decision, while not necessarily conclusive-upon-this court, is nevertheless one which should not be lightly disregarded; and ye are quite content to follow the same…
2Cases cited4 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Egan v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Harvey v. . N.Y. Cent. Hudson R.R.R. Co.New York Court of Appeals · 1882
- Vitto v. KeoganAppellate Division of the Supreme Court of the State of New York · 1897