Kleiner v. . Third Avenue R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 30,1899, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 30,1899, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in allowing the admission of testimony as to whether or not a bell was sounded during the approach, of the car that struck the coach. (Pakalinsky v. N. Y. C. & H. R. R. R. Co., 82 N. Y. 424 ; Wohlfahrt v. Beckert, 92 N. Y. 490;…
1Opinion of the CourtMartin, J.
This action was for negligence. The plaintiff "was injured on October 28, 1897, by a collision between a ■coach in which she was riding and one of the defendant’s cars, .-at the crossing of Twenty-sixth street over the defendant’s ■tracks on Third avenue. She had judgment at the Trial Term, which was unanimously affirmed by the Appellate Division in the first department. An appeal to this court' ¡has been allowed. It is claimed that the determination in ■this case is in conflict with the decision of the Appellate Division in the second department in the case of Huber v. Nassau E. R. R. Co.…
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