Wiggins v. King
New York Supreme Court
Appeal from circuit court, New York county. Action by Edwin K. Wiggins, an infant, against John King and John G-. McCullough, as receivers of the New York, Lake Erie & Western Railroad Company, to recover damages for an assault in ejecting plaintiff from defendants’ train. From a judgment entered on a verdict in favor of plaintiff and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
It is to be noticed, in the consideration of the case at bar, that the respondent prefixes to his points a long statement of facts, without a single reference to the testimony contained in the" case supporting such statement, except one at the end thereof, which is entirely immaterial to the questions involved in this appeal. We might very well, under the requirements of the general rules of practice, refuse to consider any portion of such a statement, the more particularly as the same contains allegations of fact which we cannot find to be supported by any testimony. The facts of the case…
2Cases cited3 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Townsend v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
3Cited by2 opinions
- Ray v. Cortland & Homer Traction Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Mullin v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1910