Ebersole v. Northern Central Railway Co.
New York Supreme Court
.Appeal from a -judgment in favor of the plaintiff, entered upon • the verdict of • a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. - This action was, brought to recover damages for an injury, alleged .to have ,bcen .v&aused to the plaintiff’s arm while riding on the de* fendant’s cars.
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.Appeal from a -judgment in favor of the plaintiff, entered upon • the verdict of • a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. - This action was, brought to recover damages for an injury, alleged .to have ,bcen .v&aused to the plaintiff’s arm while riding on the de* fendant’s cars. The plaintiff was in the employ of the defendant, and at the time of the accident was traveling on duty in one.of the defendant’s passenger trains. Questions were raised as to the defendant’s negligence, and one question as to…
1Opinion of the Court
Learned, P. J.:
It is- argued-, in the first place, by the respondent, that the court,in effect, withdrew the special questions from the jury, without objection on the part of the defendant. Such does not seem to have been the fact. The court told the jury that, if they could not agree,, they might so -report. This was not a withdrawal, because it implied that they were to consider the questions, and that they might perhaps agree thereon. If they had agreed on these special questions, no one would have said that the questions, had been withdrawn. Whether or not special questions can be…
2Cases cited2 opinions
- Taylor v. KetchumThe Superior Court of New York City · 1867
- Moss v. PriestThe Superior Court of New York City · 1863