Fleming 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 Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of June, 1903, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 15th day of July, 1903, denying the defendant’s motion foe* a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
We think the finding of the jury that the release pleaded by the defendant was procured from the plaintiff by false and fraudulent representations was supported by sufficient evidence. The action is for personal injuries sustained by the plaintiff while a passenger upon one of the defendant’s trolley cars on the 10th day of July, 1901. The release executed by her is dated on that day, but appears to have been executed on the first or second day after the accident. It was procured by one of the defendant’s agents, who called upon her for that purpose at her daughter’s house,…
2Cases cited2 opinions
- Shaw v. WebberNew York Supreme Court · 1894
- O'Meara v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Mangini v. McClurgNew York Court of Appeals · 1969
- Gilbert v. RothschildNew York Court of Appeals · 1939
- Owens v. Norwood-White Coal Co.Supreme Court of Iowa · 1919
- O'Donnell v. Thompson-Starrett Co.City of New York Municipal Court · 1915
- Scully v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913