Lewin v. . Lehigh Valley R.R. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made ¡November 19, 1901, which reversed an order of a Trial Term denying a motion of defendant to set aside an assessment of damages and granted such motion. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. This court has jurisdiction to review the order appealed from.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made ¡November 19, 1901, which reversed an order of a Trial Term denying a motion of defendant to set aside an assessment of damages and granted such motion. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. This court has jurisdiction to review the order appealed from. (Const, of B. Y. art. 6, § 9; Code Civ. Pro. § 190, subd. 2; Porter v. Inter. B. Oo., 163 N. Y. 79; Matter of Davies, 168 N. Y. 89; Matter of…
1Opinion of the Court
Per Guriam.
The appeal is from an order of the Appellate Division, in the fourth department, which directed a re-assessment of plaintiff’s damages and which reversed an order denying the defendant’s motion for such re-assessment. The action was brought for personal injuries, alleged to have been suffered through the defendant’s negligence. Upon the trial of the action, there was a verdict directed for the defendant. Upon appeal, the Appellate . Division sustained the plaintiff’s exceptions and ordered a new trial. Upon'appeal to this court, the order of reversal was affirmed and judgment…
2Cases cited1 opinion
- Bossout v. Rome, Watertown & Ogdensburg R. R. Co.New York Court of Appeals · 1892
3Cited by3 opinions
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.New York Court of Appeals · 1905
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.New York Court of Appeals · 1905
- Finnegan v. . BuckNew York Court of Appeals · 1921