Clegg v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the lltli day of July, 1895, upon the verdict of a jury rendered after a trial at the Queens County Circuit, and also from an order entered in said clerk’s office on the 9th day of Sejhember, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
This is a negligence suit in which the plaintiff recovered a verdict of $1,250 for damages sustained by him in being thrown down by one of the cars of the defendant, while crossing Fifty-ninth street in the city of New York.
In the brief submitted in behalf of the appellant, it is not contended that there was not evidence enough to go to the jury upon the question of the defendant’s negligence ; but this court is asked to reverse the judgment solely on account of the exceptions taken in the course of the trial and because the verdict was excessive.
I will examine the…
2Cases cited1 opinion
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
3Cited by18 opinions
- Chicago, Rock Island & Pacific Railway Co. v. BuelNebraska Supreme Court · 1898
- Cross v. . City of SyracuseNew York Court of Appeals · 1911
- Quinn v. O'KeeffeAppellate Division of the Supreme Court of the State of New York · 1896
- Western Gas Const. Co. v. DannerCourt of Appeals for the Ninth Circuit · 1899
- Cass v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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