Sesselmann v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 13th day of January, 1902, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 15th day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
“ It has become a truism in the law of negligence,” say the court In Wieland v. Delaware & Hudson Canal Co. (167 N. Y. 19, 23), “ that each case depends upon its own particular facts. This branch of the law is now well settled, and the great diversity of decisions in negligence cases arises, not from differences between the courts as to what the law is, but in the effort to apply it to the facts of each given case. * * * The two questions involved are, first, was the defendant guilty of negligence, and, second, was the plaintiff’s intestate free, from contributory negligence.”…
2Cases cited2 opinions
- Wieland v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
- Sesselmann v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Smith v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1905
- Larson v. HaglinSupreme Court of Minnesota · 1908
- Andres v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Lane v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- McKeon v. Proctor & Gamble Manufacturing Co.New York Supreme Court · 1912
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