Hurley v. Metropolitan Street Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Hurley, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the cleric of the county of Kings on the 9th day of December, 1902, denying his motion to set aside the verdict of a jury in favor of the plaintiff, as inadequate, and for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The record suggests no rea'son why the plaintiff’s motion to set aside the verdict as inadequate should not have been granted. The plaintiff was injured while crossing the defendant’s tracks in the borough of Brooklyn on the 17th day of June, 1901, by a collision with one of the defendant’s cars. No point is made that there was any failure to prove either the defendant’s negligence or the plaintiff’s freedom from blame. The charge of the learned trial justice was satisfactory to both parties, and the verdict of the jury in the plaintiff’s favor assessed the damages at the sum…
2Cases cited3 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Rohling v. EichAppellate Division of the Supreme Court of the State of New York · 1897
- Milliken v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Nocero v. DenittoAppellate Division of the Supreme Court of the State of New York · 1925
- Sayer v. LeeSouth Dakota Supreme Court · 1918
- Fahlbusch v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1911