O'Hara v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from Kings County Court. Action by Lucy O’Hara, an infant, by her guardian ad litem, against the Brooklyn Heights Railroad Company. From an order denying a motion for a new trial on the ground of newly discovered evidence, defendant appeals. . Reversed.
1Opinion of the CourtWoodward, J.
This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant, and has resulted in a verdict in favor of the plaintiff for $2,000. The motion for a new trial was made upon the minutes and upon the affidavits of Francis R. Stoddard, Jr., Mary Smith, Mary Adams, Elizabeth Van Houten, Margaret Bradley, Theresa Westburgh, Wilhelm Schmidt, Gideon D. Hobart, M. D., Joseph Schweinfist, Perley M. Coddington, L. Olinger, Mary Galligan, and Isaac P. Smith, and these affidavits tend to show that the verdict of the…
2Cases cited3 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Vollkommer v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Kring v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Heintze v. GrahamAppellate Terms of the Supreme Court of New York · 1909