McCann v. New York & Q. C. Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Catherine McCann, as administratrix of Simon Mc-Oann, deceased, against the New York & Queens County Railway Company. From a judgment entered on a verdict, and from an order denying a new trial, defendant appeals. Reversed.
1Opinion of the CourtIngraham, J.
This verdict should have been set aside on the ground that it was .against the weight of evidence. There is no direct evidence that the defendant’s car ran into the carriage at all. The evidence produced by the plaintiff to prove that’ fact was the testimony of two women who were in the carriage.. One of these women testified that the first that she knew of the accident was “the shock of the trolley car knocking into the carriage. It came from towards the rear; and then we heard the sound of the car going alongside of the carriage for an instant; and then the horses took fright and ran. I saw…
2Cited by4 opinions
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- People v. GilliganNew York Supreme Court · 1975