Legal Opinion

Pohle v. Second Avenue Railroad

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1897PublishedCited by 2 opinions

Appeal by the defendant, The Second Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on - the 11th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 13th day of May, 1896, denying the defendant’s motion for a new trial…

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Appeal by the defendant, The Second Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on - the 11th day of May, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 13th day of May, 1896, denying the defendant’s motion for a new trial made' upon the minutes. This action was brought to recover damages for personal injuries resulting from the alleged…

1Opinion of the Court

Ingraham, J.:

We think that the questions in this case were for the jury, and that, they having been presented' in a charge which was fully as favorable to the defendant as the evidence justified, the judgment should be affirmed.

The plaintiff testified that he stood where the car was accustomed to stop, about thirty feet from the junction of -East Broadway and Chatham square, waiting for a car of the defendant’s line; that as the car came up the conductor and driver were both in the front, engaged in conversation; that the car stopped; that he had two bundles, one of which he put on one of the…

2Cited by2 opinions

  1. Wall v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
  2. Wall v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900

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