Edgerley v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The Long Island Railroad Company, for a reargument of an appeal 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 11th day of February, 1899, upon the verdict of a jury for $24,500, and also from an order entered in said clerk’s;office on the 15th day of February,1899,-denying, the' defendant’s motion for a new trial made upon the minutes, or for leave to appeal to the…
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Motion by the defendant, The Long Island Railroad Company, for a reargument of an appeal 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 11th day of February, 1899, upon the verdict of a jury for $24,500, and also from an order entered in said clerk’s;office on the 15th day of February,1899,-denying, the' defendant’s motion for a new trial made upon the minutes, or for leave to appeal to the Court of Appeals. . This action was brought to recover-damages for injuries sustained by the' plaintiff in consequence of…
1Opinion of the Court
Hatch, J.:
The motion for a reargument in this case raises no new question not considered by this court when it decided the case. (44 App. Div. 4:16.) We did not then think that any good end would be sub-served by putting down in detail.each bit of evidence and circumstance showing the process by which we reached the conclusion that the jury were authorized to find that the plaintiff was not guilty of contributory negligence. We so said in our former opinion. Authority is conclusive that such fact furnishes no ground of right to ask for a reargument. (Fosdick v. The Town of Hempstead, 126 N.…
2Cases cited6 opinions
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Sciolina v. . Erie Preserving Co.New York Court of Appeals · 1896
- Wilber v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- In re the Probate of the Alleged Will of BuelAppellate Division of the Supreme Court of the State of New York · 1899
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