Marks v. Rochester Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Marks, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 17th day of January, 1898,. upon the dismissal of the complaint by direction of the court after a trial at the Monroe Trial Term.
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Appeal by the plaintiff, Jacob Marks, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 17th day of January, 1898,. upon the dismissal of the complaint by direction of the court after a trial at the Monroe Trial Term. The action was brought on the 1st day of February, 1895, to recover damages alleged to have been sustained by the plaintiff on account of injuries received by his son, Haskell H. Marks, through the alleged negligence of the defendant, a street railroad corporation. The plaintiff’s son, at the time…
1Opinion of the Court
McLennan, J.:
The plaintiff's son, Haskell H. Marks, by his guardian, brought an action against the defendant to recover the damages which he sustained on account of the accident in question. That action was tried, and resulted in a verdict for the plaintiff for the sum of $7,000. The trial justice subsequently set the verdict aside for what he regarded as his own error in refusing a nonsuit, and made an order granting a new trial. From that order an appeal was taken to the General Term, the order was reversed and judgment was directed for the plaintiff on the verdict. (77 Hun, 77.) From that…
2Cases cited8 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Terre Haute & Indianapolis Railroad v. McMurrayIndiana Supreme Court · 1884
- Marks v. Rochester Railway Co.New York Court of Appeals · 1895
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3Cited by5 opinions
- Fiesel v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Cannon v. FargoAppellate Division of the Supreme Court of the State of New York · 1910
- Manifold v. United States Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 1924
- Buchalski v. KramerAppellate Division of the Supreme Court of the State of New York · 1935
- Williams v. New York Telephone Co.New York Supreme Court · 1913