Hogan v. Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made December 29, 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. The nature of the action and the facts, so far as material, are stated in the opinion. The case involved questions of fact for the jury.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made December 29, 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. The nature of the action and the facts, so far as material, are stated in the opinion. The case involved questions of fact for the jury. (Losee v. Buchanan, 51 N. Y. 476 ; Cosulich v. S. O. Co., 122 N. Y. 118; Reiss v. N. Y. & Co., 128 N. Y. 103; Volkmar v. M. R. Co., 134 N. Y. 418; Mullen v. St. John, 57 N. Y. 567 ; Cahalin v.…
1Opinion of the CourtBartlett, J.
The plaintiff sues to recover damages for personal injuries received while driving a coal cart under defendant’s elevated railway, erected over Third avenue in the city of New York, by an iron bar, about two and a half feet long, falling upon him from the structure inflicting á serious wound in his leg.
The plaintiff swore several witnesses, but the defendant gave no evidence. At the close of the plaintiff’s case the defendant moved to dismiss the complaint upon the ground that the plaintiff had failed to establish a cause of action by showing any negligence on the part of the defendant. This…
2Cases cited2 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
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- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
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