Swart v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Almeron Swart, an infant, by Ella L. Hough am, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 17th day of October, 1902, upon an order entered in said clerk’s office on the 17th day of October, 1902, directing a verdict in favor of the defendant dismissing the plaintiff’s complaint, and setting aside the verdict,.of a jury theretofore rendered in…
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Appeal by the plaintiff, Almeron Swart, an infant, by Ella L. Hough am, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 17th day of October, 1902, upon an order entered in said clerk’s office on the 17th day of October, 1902, directing a verdict in favor of the defendant dismissing the plaintiff’s complaint, and setting aside the verdict,.of a jury theretofore rendered in favor of tiie plaintiff, and also from said order upon which judgment was entered. The action was commenced on the 6th…
1Dissent
Adams, P. J. (dissenting):
While the evidence tending to establish negligence upon the part of the defendant was quite conflicting and not altogether satisfactory, that question was fairly and properly submitted to the jury by the learned trial court, and inasmuch as the evidence of the plaintiff •and his witnesses, if believed, was sufficient to support the conclusion reached by the jury, I do not very well see how their verdict can be disturbed, so far as this branch of the case is concerned. I ' pass, therefore, to a consideration of the more difficult proposition, involved in the…
2Cases cited5 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Seeley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Branch v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899