Tinker v. New York, O. & W. Railway Co.
New York Supreme Court
Appeal from circuit court, Chenango county. Action by Mary A. Tinker against the New York, Ontario & Western Railway Company for damages for personal injuries. From a judgment for plaintiff, and an order denying a motion for a new trial,, defendant appeals.
1Opinion of the CourtMerwin, J.
The main questions upon the merits in this case were considered by this -court upon a former appeal (71 Hun, 431, 24 N. Y. Supp. 977), and need not be reconsidered here. We find no-good reason for departing from the views there expressed. They were in substance followed by the trial court on the trial now under review, and all the material questions of fact were submitted to the jury in a charge that, as a whole, presents no good ground for exception.
Our attention is called to a number of exceptions to rulings upon evidence. It is specially urged by the appellant that serious error was…
2Cases cited1 opinion
- Tinker v. New York, Ontario & Western RailroadNew York Supreme Court · 1893
3Cited by2 opinions
- Gerulis v. ViensSupreme Judicial Court of Maine · 1931
- Paramount Pictures, Inc. v. SparlingCalifornia Court of Appeal · 1949