Mason v. Atlantic Ave. Railroad
New York City Court
This is an appeal from a judgment entered upon a verdict recovered at a trial term of this court, and from an order denying defendant’s motion for a new trial. The opinion sufficiently states the facts.
1Opinion of the CourtOsbobne, J.
Plaintiff brought this action, as administrator, etc., to recover damages against the defendant for negligéntly causing the death of his son. Plaintiff obtained a verdict in his favor, and from the judgment entered thereon, and an order denying a motion for a new trial, defendant appeals.
The learned counsel for the appellant bases his appeal on two grounds : First, that his motion to dismiss the complaint at the close of respondent’s case should have been granted, for the reason that no negligence was shown on the part of the defendant, and that contributory .negligence was shown on the part…
2Cases cited1 opinion
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
3Cited by1 opinion
- Dowd v. Brooklyn Heights RailroadNew York City Court · 1894