Nugent v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Street Railway Company, from an order- of the' Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of November, 1899, denying its motion for a new trial upon the ground of newly-discovered evidence showing that the witnesses foi’ the plaintiff upon whose testimony the judgment was recovered were guilty of perjury, and that the judgment was obtained by means…
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Appeal by the defendant, The Metropolitan Street Railway Company, from an order- of the' Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of November, 1899, denying its motion for a new trial upon the ground of newly-discovered evidence showing that the witnesses foi’ the plaintiff upon whose testimony the judgment was recovered were guilty of perjury, and that the judgment was obtained by means of a conspiracy between, the plaintiff. and one of her attorneys.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages, for personal injuries ■alleged to have been sustained by the plaintiff by reason of the defendant’s negligence. At the trial the plaintiff had a verdict for $5,000 and from the judgment. entered thereon the defendant appealed to this court, where the same was affirmed, the presiding justice'dissenting (Nugent v. Met. St. Ry. Co., 17 App. Div. 582), and an appeal was then taken to the Court of Appeal's which is still pending.' After the appeal had been taken to the Court of Appeals the defendant moved upon affidavits and the printed…
2Cases cited4 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Keister v. RankinAppellate Division of the Supreme Court of the State of New York · 1898
- Nugent v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by19 opinions
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- Nelson v. MeehanCourt of Appeals for the Ninth Circuit · 1907
- McCarthy v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1964
- Frohlich v. ZeltzerAppellate Division of the Supreme Court of the State of New York · 1918
- Amalfi v. Post & McCord, Inc.Appellate Division of the Supreme Court of the State of New York · 1937
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