Seidman v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Long Island 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 Kings on the 17th day of February, 1904, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 7th day of March, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff was struck by a train on the morning of December 23,1901, while crossing the defendant’s tracks in East New York, so called, at a crossing which was in general public use. If the evidence tending to establish his freedom from contributory negligence was entirely satisfactory there would probably be no difficulty in affirming the judgment which he has recovered. But the evidence on that subject is not the best which could have been furnished, and I think it must, therefore, be regarded as unsatisfactory under the peculiar circumstances of the case, if not…
2Cited by1 opinion
- Velthusen v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912