Legal Opinion

Branagan v. Long Island Railroad

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

Decided July 1, 1898PublishedCited by 5 opinions

Appeal by the defendant, The Long Island .Bailroad Company,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of June, 1897, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 17th day of June, 1897, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Goodrich, P. J.:

The action is for the recovery of damages resulting from negligence, and the only question presented by the appellant on the argument of this appeal related to the excessive amount awarded for damages. A motion for a new trial was made and the justice who presided at the trial denied the same, delivering the following opinion:

“ I think the verdict for the plaintiff amply warranted by the evidence. The fact that the platform was made to slope to the Manhattan Beach tracks indicates conclusively that it was expected that passengers should cross the Manhattan Beach tracks at that…

2Cited by5 opinions

  1. Herrman v. United States Trust Co.New York Court of Appeals · 1917
  2. Kalfur v. Broadway Ferry & M. Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  3. Kalfur v. Broadway Ferry & Metropolitan Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  4. Beller v. LevyCity of New York Municipal Court · 1910
  5. Miller v. KingAppellate Division of the Supreme Court of the State of New York · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API