Armstrong v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of "Westchester on the 28th day of May, 1898, upon the verdict of a jury for $1,250, and also from an order entered in said clerk’s office on the 28th day of June, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This is an action for the recovery of damages sustained by the-plaintiff through the alleged negligence of the defendant. The *526action has been previously tried, and a judgment in favor of the plaintiff was reversed on the ground that no negligence on the part of the defendant was shown. Substantially the same state of facts is proven on the second trial.
The learned trial court, in its charge to the . jury, • in speaking of the plaintiff, say: “ If you should find that he gave the signal to the conductor; that the conductor recognized that signal as a signal! to stop, and…
2Cases cited2 opinions
- Nichols v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1868
- Brady v. NallyThe Superior Court of the City of New York and Buffalo · 1894
3Cited by11 opinions
- Crow v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Bessenger v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Bessenger v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Kimber v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Dwyer v. Auburn & Syracuse Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909
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