Streicher v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Samuel Streicher against the Third Avenue Bailroad Company. There was a judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBarrett, J.
This judgment cannot be sustained. It is impossible to read the record without seeing that the verdict was obtained by suppression of fact and false swearing. The plaintiff was the only witness who testified with regard to the actual occurrence which resulted in the accident. He was entirely uncorroborated upon the salient question of the defendant’s alleged negligence. As to the damages, he was contradicted even by his own witnesses. His testimony throughout was calculated to mislead the jury. It was presented with specious artifice, which was evidently the result of careful preparation. The…
2Cases cited6 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Boyd v. ColtNew York Supreme Court · 1860
- Conklin v. City of DubuqueSupreme Court of Iowa · 1880
- Clark v. Mechanics' National BankNew York Court of Common Pleas · 1882
- Becker v. Manhattan Railway Co.New York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hochberger v. BaumAppellate Terms of the Supreme Court of New York · 1905
- Spinella v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905