Dittmar v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights 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 18th day of May, 1903, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 16th day of June, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J. :
There are no exceptions presented by the record excepting those, taken to the refusal of the" court to dismiss the complaint at the dose of the plaintiff’s case and at the close of the entire evidence, and to the refusal of the court to direct a verdict in.favor of the *379defendant. There was evidence requiring a submission to the jury of the question of the defendant’s negligence, and no claim being made of negligence on the plaintiff’s part, these exceptions present no ground of error.
The plaintiff was employed at the time of the accident complained of, December 17,1901, in…
2Cases cited4 opinions
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- McGearty v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Dawson v. Trustees of New York & Brooklyn BridgeAppellate Division of the Supreme Court of the State of New York · 1898
- Merwin v. Manhattan Railway Co.New York Supreme Court · 1888
3Cited by5 opinions
- South Covington & Cincinnati Street Railway Co. v. VaniceCourt of Appeals of Kentucky (pre-1976) · 1925
- Dixon v. Great Falls & Old Dominion Railway Co.Court of Appeals for the D.C. Circuit · 1912
- Harmon v. FlinthamCourt of Appeals for the Sixth Circuit · 1912
- Grogan v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Viemeister v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904