Evins 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 a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 4th day of August, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the the 1st day of August, 1899, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
‘Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 4th day of August, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the the 1st day of August, 1899, denying the defendant’s motion for a new trial made upon the minutes. The jury rendered a verdict for $5,00.0 which the plaintiff stipulated to reduce to the sum of $3,000.
1Dissent
Goodrich, P. J. (dissenting):
I am of opinion that the judgment in this case should be affirmed, and, because the prevailing; opinion written by Mr. 'Justice Willard Bartlett relates principally to the admission' of evidence as to special damages, I am constrained to present at length the facts of the case and my views, and, as a new trial is to be ordered, to touch upon exceptions not referred to in the prevailing opinion.
The plaintiff united in his complaint two causes of action, one for false imprisonment, the other for malicious prosecution, tie obtained a verdict for $5,000, which the…
2Cases cited11 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Voltz v. . BlackmarNew York Court of Appeals · 1876
- Burns v. . ErbenNew York Court of Appeals · 1869
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Bradner v. . FaulknerNew York Court of Appeals · 1883
6 more not listed; retrieve them via the Exa API.