Kennedy v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue 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 New York on the 21tli day of January, 1898, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 26tli day of January, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought to recover damages for personal in juries. The plaintiff was driving a wagon down Third avenue, and on attempting to cross the avenue at or near Nineteenth street, a northbound cable car of the defendant ran into the wagon, throwing the plaintiff from the seat and causing the injuries in question.
It is urged upon this appeal that the complaint should have been dismissed upon the plaintiff’s evidence, and that the verdict was grossly against the weight of evidence. It is claimed upon the part of the appellant that the plaintiff’s story, as told by him,…
2Cited by16 opinions
- Blate v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Dunican v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- San Antonio Traction Co. v. UpsonCourt of Appeals of Texas · 1902
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