Legal Opinion

Weitzman v. Nassau Electric Railroad

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

Decided May 8, 1899Published

Appeal from trial term, Kings county. Action by Louis Weitzman, administrator of Harry Weitzman, deceased, against the Nassau Electric Railroad Company. From a judgment on a verdict for plaintiff, and from an order denying a new trial, defendant appeals.

1Opinion of the Court

PER CURLAM.

The facts which gave rise to this action' are sufficiently stated in the opinion delivered by Mr. Justice WOODWARD upon the previous appeal. Weitzman v. Railroad Co., 33 App. Div. 585, 53 N. Y. Supp. 905. The plaintiff has prevailed upon the new trial which we then ordered. We are compelled, however, to reverse the judgment in his favor, on account of the refusal off the court to charge one of the propositions requested by counsel for the defendant. That proposition was in these words: “I ask your honor to charge that, if the jury believe that the car of the-defendant was running…

2Cases cited2 opinions

  1. Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  2. Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898

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