Legal Opinion

Horan v. Central Park, North & East River Railroad

New York Court of Common Pleas

Decided June 4, 1894PublishedCited by 1 opinion

Appeal from trial term. Action by John Horan against the Central Park, North & East River Railroad Company for personal injuries. There was a judgment in favor of defendant, and plaintiff appeals.

1Opinion of the CourtPryor, J.

The cause is here after a second trial, the first having resulted in a disagreement of the jury. On the trial under review, the verdict was for the plaintiff, but the court set it aside pursuant to a motion on the minutes; and this with briefs before him, and after very deliberate reflection. Shall we reverse the order of the learned trial judge,—an order embodying his considerate judgment, formed, not only upon a critical review of the evidence, but under the impression of the demeanor of witnesses in delivering their testimony? It is a proverb with the profession that all witnesses look…

2Cases cited10 opinions

  1. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  2. Aldridge v. . AldridgeNew York Court of Appeals · 1890
  3. Algeo v. . DuncanNew York Court of Appeals · 1868
  4. Ferguson v. GillNew York Supreme Court · 1893
  5. Nelson v. Easton & Amboy RailroadNew York Court of Common Pleas · 1894

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3Cited by1 opinion

  1. Grening v. MalcomNew York Supreme Court · 1894

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