Koehne v. . New York and Queens County Railway Company
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 8, 1808, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
1Opinion of the CourtMartin, J.
This appeal cannot be sustained upon the theory that the previously existing law as to the degree of care required of carriers to insure the safety of their passengers has been changed by the decision in Stierle v. U. Ry. Co. (156 N. Y. 70, 684), for no such change was made or intended, as is manifest from the opinion delivered upon the motion for a reargument, where this court plainly declared that the decision in that case was not intended to, and did not, effect any such change, and as there are no other errors which would justify a reversal the judgment should be affirmed, with costs.
Parke…
2Cases cited1 opinion
- Stierle v. . Union Railway Co.New York Court of Appeals · 1898
3Cited by8 opinions
- O'Brien v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Hiller v. JohnsonWisconsin Supreme Court · 1916
- Hubner v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Leonard v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Beiner v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
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