Mintz v. . International Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 21, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not negligent. (C. C. R. Co. v. Osborn, 66 Ohio St. 45; Craig v. B. El. R. Co., 207 Mass. 548; Niland v. B. El.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 21, 1917, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was not negligent. (C. C. R. Co. v. Osborn, 66 Ohio St. 45; Craig v. B. El. R. Co., 207 Mass. 548; Niland v. B. El. R. R. Co., 213 Mass. 522; Cockhill v. C. & S. R. Co., 69 N. J. L. 97; Stewart v. C. V. R. R. Co., 86 Vt. 398.) Whether there was prior negligence on the part of the motórman in the…
1Opinion of the CourtCollin, J.
The action is to recover damages resulting from personal injuries caused by the alleged negligence of the defendant. The judgment of the Trial Term consequent upon the verdict in favor of the plaintiff was affirmed by the non-unanimous decision of the Appellate Division. If there was not evidence tending to support the verdict, the denial of the defendant’s motion that the complaint be dismissed and the submission of the case to the jury were errors.
Under the evidence the jury might have found as •the facts most favorable to the plaintiff: the plaintiff boarded a standing street car operated…
2Cited by10 opinions
- Dallas Ry. & Terminal Co. v. YoungCourt of Appeals of Texas · 1941
- Hoffman v. LehmanAppellate Division of the Supreme Court of the State of New York · 1955
- McDade v. International Railway Co.New York Court of Appeals · 1923
- Hoffman v. LehmanNew York Supreme Court · 1953
- Miller v. Inter City Transportation Co.City of New York Municipal Court · 1961
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