Jackson v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Union Railway Company of New York City, 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 10th day of March, 1902, upon the verdict of a jury for $2,000, and also from, an order entered in said clerk’s office on the 25th day of March, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Hatch, J. (dissenting):
I am unable to concur in the views expressed by Mr. Justice McLaughlin in his opinion in this case. The evidence upon the part of the plaintiff, as gathered from the record, tends to establish that the plaintiff was engaged in crossing Third avenue at its intersection with One Hundred and Sixty-third street when he received the injuries of which complaint is made ; that before he attempted to cross he noticed a south-bound car and stopped to let that car pass by him. After it had passed he continued on his way across. At the time when he paused for the south-bound car,…
2Cases cited8 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- O'Neil v. . D.D., E.B. B.R.R. Co.New York Court of Appeals · 1891
- Hergert v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Zimmerman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
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