Deutschmann v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Patterson and O’Brien, JJ., dissented. 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 4th day of March, 1902, upon the verdict of a jury for $8,500, and also from an order entered in said clerk’s office on the 13th day of March, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This is an action to recover damages for personal injuries on the ground of defendant’s negligence. The testimony on the part of the plaintiff’s witnesses tended to show that she was seriously injured by the sudden starting of one of the defendant’s cars while she was attempting to board, the same; while that on the part of *414the defendant’s witnesses was to the effect that the plaintiff was not injured in the manner claimed by her, and that she never attempted to board the ear at all. There was thus presented a sharp conflict in the testimony, and the trial court could not do…
2Cases cited3 opinions
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Seipp v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Deutschmann v. Third Avenue RailroadsAppellate Division of the Supreme Court of the State of New York · 1903
- Wimmer v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Goldberg v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
- Katz v. Brooklyn, Queens County & Suburban RailroadNew York Supreme Court · 1909
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