Lewis v. . Long Island Railroad Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 13, 1898, upon an order unanimously affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The appeal was allowed by the Appellate Division upon the ground that a question of law had arisen in this case which in its opinion ought to be reviewed by the Court of Appeals.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 13, 1898, upon an order unanimously affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The appeal was allowed by the Appellate Division upon the ground that a question of law had arisen in this case which in its opinion ought to be reviewed by the Court of Appeals. The nature of the action and the facts, so far as material, are stated in the opinion. The trial judge erred in charging as requested by…
1Opinion of the CourtMartin, J.
The allowance of this appeal does not enable us to examine or determine* whether there is any or sufficient evidence to sustain the verdict, inasmuch as the affirmance by the Appellate Division was unanimous. (Reed v. McCord, 160 N. Y. 330.) Therefore, the questions of the defendant’s negligence and the plaintiff’s freedom from contributory negligence cannot be reviewed by this court.
The only questions that can be passed upon by us are those raised by the defendant’s exceptions to rulings of the court upon the admission or rejection of evidence, and to its charge or refusals to charge as…
2Cases cited13 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Butler v. . TownsendNew York Court of Appeals · 1891
- Haas v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1882
- Shaber v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1916
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Shepard v. JacobsMassachusetts Supreme Judicial Court · 1910
44 more not listed; retrieve them via the Exa API.