Singer v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the clerk’s, office, of Rockland county on September 16, 1908, and also from an order entered in the same office on September 28, 1908, denying the defendant’s motion for a new trial. Judgment modified by striking out the provision for extra allowance, and the judgment as thus modified and order denying motion for a new trial affirmed, without costs. No Opinion.
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Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the clerk’s, office, of Rockland county on September 16, 1908, and also from an order entered in the same office on September 28, 1908, denying the defendant’s motion for a new trial. Judgment modified by striking out the provision for extra allowance, and the judgment as thus modified and order denying motion for a new trial affirmed, without costs. No Opinion. Hirschberg, P. J., Woodward, and' Miller, JJ., concurred; Jenks, J., read for reversal, with whom Rich, J., concurred.
1Dissent
Jenks, J. (dissenting):
I dissent. L think that a new trial should be granted because the verdict is against the. evidence, (McDonald v. Met. St. R. Co., 167 *891N. Y. 70.) The action is for negligence. Plaintiff's intestate, a young woman nineteen years old, with a number of young men and women, went to the village of Nyack to attend a festivity. To return home she and Some of her companions left that village shortly after twelve o’clock, midnight. The night was one of clear starlight. They were driven in a wagonette, arranged' with a seat in front for the driver and two other persons, and with…
2Cases cited2 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
3Cited by2 opinions
- May v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Palmer v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911