Legal Opinion

Hoes v. . Edison General Electric Co.

New York Court of Appeals

Decided October 6, 1896PublishedCited by 9 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 18, 1895, which reversed a judgment in favor of plaintiff entered upon a verdict, and also reversed an order denying a motion for a new trial, and granted a new trial. The appellant has stipulated that, if the order appealed from should be affirmed, judgment absolute may be rendered herein against him.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 18, 1895, which reversed a judgment in favor of plaintiff entered upon a verdict, and also reversed an order denying a motion for a new trial, and granted a new trial. The appellant has stipulated that, if the order appealed from should be affirmed, judgment absolute may be rendered herein against him. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtMartin, J.

This action is to recover damages occasioned by the death of the plaintiff’s intestate, alleged to have been caused by the defendant’s negligence.

On the trial the plaintiff had a verdict. The defendant thereupon moved for a new trial on the ground that the ver diet was excessive, contrary to the evidence and contrary to law. The motion was denied. The defendant appealed to the General Term of the first department from the judgment entered upon the verdict and also from the order denying its motion for a new trial. The General Term reversed the judgment and order “upon the law” and granted a…

2Cases cited2 opinions

  1. Chapman v. . ComstockNew York Court of Appeals · 1892
  2. Mickee v. Walter A. Wood Mowing & Reaping MacHine Co.New York Court of Appeals · 1895

3Cited by9 opinions

  1. Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
  2. Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
  3. Parker v. ZeislerSupreme Court of Missouri · 1897
  4. People Ex Rel. McDonald v. . ClausenNew York Court of Appeals · 1900
  5. Claim of Kiriloff v. A. G. W. Wet Wash Laundry, Inc.New York Court of Appeals · 1940

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