Lamm v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of New York, entered upon the verdict of a jury, and from an order denying a motion for a new trial.
1Opinion of the CourtMacLean, J.
At the trial of this cause on March 23, 1905, and at the close of plaintiff’s case, it 'was conceded “ that this man (the plaintiff who was upwards eighty years of age) being called to the stand, it was apparent that he had absolutely no recollection of the accident, and was not able to furnish any evidence on that account.” In his complaint, verified by himself on the 15th day of May, 1902, the plaintiff, among other things, alleged: “ That on the 26th day of March, 1902, at about nine o’clock in the forenoon of that day, the plaintiff was crossing Madison avenue and Eighty-sixth street in…
2Cases cited2 opinions
- Lamm v. Metropolitan St. Ry. Co.Appellate Terms of the Supreme Court of New York · 1904
- Ross v. HealyAppellate Terms of the Supreme Court of New York · 1904