Becker v. Albany Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Albany Railway, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 23d day of April, 1898, upon the verdict of a jury for $10,000; also from an order entered in said clerk’s office on the 26th day of April, 1898, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 23d day of April, 1898,…
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Appeal by the defendant, The Albany Railway, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 23d day of April, 1898, upon the verdict of a jury for $10,000; also from an order entered in said clerk’s office on the 26th day of April, 1898, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 23d day of April, 1898, granting the plaintiff an extra allowance of $200.
1Opinion of the Court
Putnam, J.:
After an examination of the evidence m this case, we reach the conclusion that it was sufficient to authorize the jury to find that the injury to the plaintiff, to recover damages for which this action was brought, occurred in consequence of the negligence of the defendant; that the plaintiff was 'free from contributory negligence, and that the various exceptions taken by defendant to rulings of the trial judge to his charge, or refusals to charge, do not require us to grant a new trial. But we are of the opinion that the defendant’s motion for a new trial, on the ground that the…
2Cases cited6 opinions
- Murray v. Hudson River RailroadNew York Supreme Court · 1866
- Thomas v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Jennings v. Van SchaickNew York Court of Common Pleas · 1884
- Vail v. Broadway R. Co.New York City Court · 1893
- Lockwood v. Twenty-Third Street Railway Co.New York Court of Common Pleas · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Senko v. FondaAppellate Division of the Supreme Court of the State of New York · 1976
- Zingrebe v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Zingrebe v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Sweeny v. Union Railway Co.Appellate Terms of the Supreme Court of New York · 1900
- Kimmel v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904