Lycett v. Manhattan Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Elizabeth Lycett against the Manhattan Bailway Company. From a judgment on a verdict for plaintiff, and from an order denying a new trial, defendant appeals.
1Per curiam
Upon a careful examination of this case, we cannot discover any new facts to take,it out of the rules laid down when it was last before the court. 12 App. Div. 326, 42 N. Y. Supp. 431. It is said that it is uncontradicted that when the plaintiff went up the steps there was no crowd upon them. If that were so, it would make no difference, because no stress was laid upon that by the court on the former appeal, and, at the most, it would merely be a fact for the jury to consider on the question of the plain*849tiff’s contributory negligence. But it is not so. More than one witness testifies that…
2Cases cited2 opinions
- Lycett v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Lycett v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896