Brozek v. . Steinway Railway Company
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10, 1897, unanimously affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10, 1897, unanimously affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for the alleged negligence of the defendant in running its trolley car against a wagon in which the plaintiff’s intestate was seated, throwing him out and inflicting injuries which resulted in his death. The place where Brozek turned on the track not being a street crossing he was…
1Opinion of the Court
Per Guriam.
Upon the trial of this action the court was requested by the attorney for the defendant to charge a certain proposition as one of law. Without expressly refusing, it did not so charge, but submitted the proposition to the jury as a question of fact for them to pass upon, and then laid down a rule of law adapted to the conclusion that they should reach upon the question so submitted to them. The defendant’s attorney excepted generally, without specifying whether the exception was intended to apply to the failure to charge as requested, to the submission of the question to the jury…
2Cases cited4 opinions
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- McGinley v. . United States Life Ins. Co.New York Court of Appeals · 1879
- Wells v. . HigginsNew York Court of Appeals · 1892
3Cited by5 opinions
- Clark v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1908
- Davenport v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1908
- Rapee v. Beacon Hotel Corp.New York Court of Appeals · 1944
- Boasberg v. MunsonAppellate Division of the Supreme Court of the State of New York · 1955
- Marquis v. WoodAppellate Terms of the Supreme Court of New York · 1900