Leeds v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Telephone 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 10th day of January, 1902, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 11th day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The case was heretofore before this court on appeal from a judgment dismissing the complaint upon the pleadings. (See Leeds v. New York Telephone Co., 64 App. Div. 484.) In the opinion then delivered for a reversal of the judgment, Mr. Justice Sewell, after an elaborate analysis of the authorities, reached the conclusion that the facts stated in the complaint, if duly established by evidence, would require a submission to the jury of the question whether the *123accident suffered by the plaintiff was attributable to the defendant’s negligence as the proximate cause. The defendant,…
2Cases cited15 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
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3Cited by1 opinion
- Gibson v. StateCourt of Criminal Appeals of Texas · 1908