Hurley v. Metropolitan St. Ry. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Kings County. Action by John Hurley against the Metropolitan Street Railway Company. From an order denying a motion on the minutes to set. aside the verdict as inadequate, plaintiff appeals.
1Opinion of the CourtHirschberg, J.
The record suggests no reason why the plaintiff’s motion to set aside the verdict as inadequate should not have been granted. The plaintiff was injured while crossing the defendant’s tracks in the borough of Brooklyn on the 17th day of June, 1901, by a collision with one of the defendant’s cars. No point is made that there was any failure to prove either the defendant’s negligence or the plaintiff’s freedom from blame. The charge of the learned trial justice was satisfactory to both parties, and the verdict of the jury in the plaintiff’s favor assessed the damages at the sum of $171. It is…
2Cases cited8 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Meyer v. HartAppellate Division of the Supreme Court of the State of New York · 1897
- Milliken v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Milliken v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Morrissey v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Sayer v. LeeSouth Dakota Supreme Court · 1918