Beltz v. . City of Yonkers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme „ Court in the second judicial department, entered upon an order made December 11, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries, sustained through the alleged negligence of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme „ Court in the second judicial department, entered upon an order made December 11, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for personal injuries, sustained through the alleged negligence of the defendant. The facts, so far as material, are stated in the opinion. The complaint should have been dismissed because no proof was given from which the jury were justified in finding that plaintiff was free…
1Opinion of the CourtO’Brien, J.
The plaintiff has recovered a judgment against the defendant for the damages which she sustained in consequence of an accident in 'One of the streets of the city on the 10th of February, 1893. On the morning of that day, while walking along Broadway, one of the principal streets of the city, she fell and broke her leg. Whether this accident was in any degree the result of any fault on her part was a question which was properly submitted to the jury, and the verdict is conclusive against the defendant on that branch of the case. The sole question involved is whether the evi dense-was of such a…
2Cases cited5 opinions
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
- Hunt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- Goodfellow v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
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