Legal Opinion

Bellemare v. Third Avenue Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 5 opinions

Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of March, 1899, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 4th day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Patterson, J.:

The judgment from which the appeal in this case is taken must be reversed for an error in rulings upon evidence respecting the permanency, of the injuries sustained by the plaintiff. The action was brought to recover damages for such injuries which, it was alleged, were caused by the negligence of the defendant’s servant *558in managing a cable car belonging to the defendant. That car collided with one. belonging to the Forty-second Street Railroad Company on which the plaintiff was a passenger. The evidence was sufficient to authorize the verdict of the jury upon all the issues…

2Cases cited3 opinions

  1. Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
  2. Waring v. MasonNew York Supreme Court · 1837
  3. Clegg v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896

3Cited by5 opinions

  1. Huba v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Higgins v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Higgins v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904
  4. Osterhout v. Delaware, L. & W. RailroadAppellate Terms of the Supreme Court of New York · 1910
  5. Reynolds v. HuffAppellate Division of the Supreme Court of the State of New York · 1928

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