Schutz v. . Union Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exceptions taken by defendant to the admission of evidence require a reversal of the judgment.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 19, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exceptions taken by defendant to the admission of evidence require a reversal of the judgment. ( Van Wycklen v. City of Brooklyn, 118 N. Y. 424; Thompson v. M. R. Co., 11 App. Div. 182; Wilson v. N. C. R. Co., 56 App. Div. 570; Church v. Howard, 79 N. Y. 415;…
1Opinion of the CourtBartlett, J.
This action was brought to recover damages for personal injuries. The plaintiff, on the 24tli day of May, 1899, was a conductor in charge of an open car on the' defendant’s railway. The accident happened on Westchester avenue, between Glebe avenue and Avenue B, in the borough of. the Bronx, on a curve varying from six and a half to eight and a half degrees, and the grade descending toward Avenue B was from one to two per cent. The car was running from Glebe avenue to Avenue B at a speed of between seven and eight miles an hour, when it suddenly left the track, the front platform. lying in the…
2Cases cited5 opinions
- Dougherty v. . MillikenNew York Court of Appeals · 1900
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Van Wycklen v. . City of BrooklynNew York Court of Appeals · 1890
- Schoepflin v. . CoffeyNew York Court of Appeals · 1900
3Cited by17 opinions
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Kulak v. Nationwide Mutual InsuranceNew York Court of Appeals · 1976
- People v. . CreasyNew York Court of Appeals · 1923
- Noah v. . Bowery Savings BankNew York Court of Appeals · 1919
- Nissen v. RubinAppellate Division of the Supreme Court of the State of New York · 1986
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