Neudoerffer v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Ernst Neüdoerffer against the Brooklyn Heights Bailroad Company for personal injuries resulting from the collision between one of the defendant’s cars and plaintiff’s wagon, alleged to have been caused by the negligence of defendant. From a judgment entered on a verdict in favor of plaintiff for $3,000, together with $293.97 costs and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the Court
PEB CUBIAM.
— The only points made upon this appeal are that the evidence failed to show any negligence on the part of the defendant, on the one hand, and demonstrated the *508contributory negligence of the plaintiff, on the other. After a careful reading of the record we are satisfied that there was enough to go the jury on both questions. There is no suggestion that there verdict was excessive. The case of McQuade v. Railway Co. (Sup.) 39 N. Y. Supp. 335, cited in behalf of the appellant, was so different from the present case in its facts that we do not see how it has any application to the…
2Cases cited1 opinion
- McQuade v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1896