Ludeman v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the-office of the clerk cf the county of New York on the 6th day of January, 1902;' upon the verdict of a jury for $12,000, and also from an order entered in said clerk’s office on the 3d day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J. :
Action to recover damages sustained by the widow and next of kin of William H. Ludeman, deceased, resulting from his death,, alleged to have been caused by the defendant’s negligence.
There have been two trials. At the close of the first trial a verdict was rendered in favor of the plaintiff, which was set aside and a new trial granted by the learned justice presiding, upon the ground that it was against the weight of evidence, and on appeal to this court the order was affirmed. (Ludemam v. Third Avenue R. R. Co., 30 App. Div. 520.) On the second trial a verdict was again…
2Cases cited2 opinions
- Ludeman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Barrett v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Morris v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904