Fahlbusch v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alphonse Fahlbusch, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of February, 1911, upon the verdict of a jury for $150, and also from an order entered in said clerk’s office the same day as resettled by an order entered on the 2d day of March, 1911 denying the plaintiff’s motion for a new trial made upon, the minutes. ■
1Opinion of the Court
Rich, J.:
This appeal is by the plaintiff from a judgment for $150 entered in an action to recover damages for a personal injury caused by the negligence of defendant’s employees in the operation of one of its trolley cars, and from an order denying his motion for a new trial upon the ground of inadequacy of damages. It is conceded by the appellant that the evidence upon the main issues is such that the jury might as readily and justifiably have rendered their verdict for the defendant as for the plaintiff. While there is a sharp conflict of evidence as to the extent of plaintiff’s injuries…
2Cases cited2 opinions
- Milliken v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Hurley v. Metropolitan Street RailwayAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Ocana v. Ray Consolidated Copper Co.Arizona Supreme Court · 1921