Landrigan v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of July, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of June, 1897, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 2d day of July, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of June, 1897, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries, resulting to the plaintiff from the alleged negligence of the defendant..
1Opinion of the Court
Willard Bartlett, J.:
I think that the defendant’s motion for a new trial in this case ought to have been granted on the ground that the verdict.was against the evidence, so far as the question of the plaintiff’s contributory negligence was concerned.
*44The proof on this subject is found exclusively in the testimony of the plaintiff himself. He was a passenger upon a street surface railway car going up Broadway in the city of Brooklyn, toward East New York. The car stopped at the intersection of McDougal street with Broadway. The plaintiff alighted and went around the rear of the car toward the…
2Cases cited1 opinion
- Chisholm v. . StateNew York Court of Appeals · 1894
3Cited by12 opinions
- Chlan v. KDI Sylvan Pools, Inc.Court of Special Appeals of Maryland · 1982
- O'Reilly v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Montenes v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- O'Reilly v. Brooklyn Heights R.Appellate Division of the Supreme Court of the State of New York · 1903
- Falkenberg v. O'NeillAppellate Terms of the Supreme Court of New York · 1904
7 more not listed; retrieve them via the Exa API.