Bolster v. New York City Railway
New York Supreme Court
Action by one Bolster against the New York City Railway. Verdict in favor of the defendant, and plaintiff moves to set it aside.
1Opinion of the CourtGiegerich, J.
The plaintiff swore positively to the happening of the accident, and the defendant did not call any witness whatever in contradiction. So far as I can recall there were no circumstances indicating that the plaintiff’s testimony was improbable, surprising, or suspicious, and the defendant’s counsel has failed to call attention to any. In such a situation the testimony of the plaintiff should not have been disbelieved. Hull v. Littauer, 162 N. Y. 569, 57 N. E. 102; Littlefield v. Lawrence, 83 App. Div. 327, 82 N. Y. Supp. 25; Kappes v. N. Y. City Ry., 50 Misc. Rep. 534, 99 N. Y. Supp. 322;…
2Cases cited6 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- Lewis v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
- Littlefield v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1903
- Johnson v. DollNew York Court of Common Pleas · 1895
- Kappes v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of CarneyNew York Surrogate's Court · 1934
- O'Donnell v. CasparyAppellate Terms of the Supreme Court of New York · 1908