Legal Opinion

Lynch v. Nassau Electric Railroad

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

Decided May 8, 1899Published

Appeal from special term. Action by John A. Lynch, an infant, by Ellen Murray, his guardian. ad litem, against the Nassau Electric Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

1Opinion of the CourtWoodward, J.

The plaintiff in this action has attempted to establish that while driving a milk wagon upon the tracks of the defendant, on Thirty-Ninth street, in the borough of Brooklyn, his vehicle was struck by a car of the defendant, and that he was thrown to the pavement, sustaining injuries which have made him permanently deaf. The jury before' whom the case was tried have found a verdict in his favor for $10,000.

There was a conflict in the evidence before the jury, the defendant producing witnesses who were wholly disinterested, and who substantially agreed in their testimony to the effect that the…

2Cases cited2 opinions

  1. Pierce v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
  2. Colvin v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898

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