Piehl v. Albany Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maggie Piehl, as administratrix, etc., of John Piehl, Jr., deceased, from a judgment of tlie" Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 14th day of October, 1897, upon the dis-^ missal of the complaint by direction of the court after a trial at the Albany Trial Term, and also from an order entered in said clerk’s office on the 22d day of February, 1898, denying the plaintiff’s motion…
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Appeal by the plaintiff, Maggie Piehl, as administratrix, etc., of John Piehl, Jr., deceased, from a judgment of tlie" Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 14th day of October, 1897, upon the dis-^ missal of the complaint by direction of the court after a trial at the Albany Trial Term, and also from an order entered in said clerk’s office on the 22d day of February, 1898, denying the plaintiff’s motion for a new trial made upon a case containing exceptions, and also upon the ground of newly-discovered evidence. The action…
1Opinion of the Court
Landon, J.:
Upon the former appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, the single question presented by the record was, whether the evidence-supported the finding that the bursting of the flywheel was due to the negligence or incompetency of the defendant’s servant in charge of the engine, and we held that it did not. (19 App. Div. 471.) Upon the trial now under review, the plaintiff- was nonsuited at the close of her case. She asked to go to the jury upon all the facts in the case, upon the questions whether the defendant was negligent, or was…
2Cases cited13 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Losee v. . BuchananNew York Court of Appeals · 1873
- Heeg v. . LichtNew York Court of Appeals · 1880
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Honea v. City Dairy, Inc.California Supreme Court · 1943
- Sweeney v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Courter v. Dilbert Bros.Appellate Terms of the Supreme Court of New York · 1959
- D'Arcy v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
7 more not listed; retrieve them via the Exa API.