Larkin v. . Nassau Electric R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The statement signed hy plaintiff’s witness James E. Kelly, and admitted by him to have been prepared in his presence and signed by him on the night of the accident, was material and competent evidence bearing upon the credibility of the witness, and its exclusion was error. (Hanlon v. Ehrich, 80 App. Div. 359;…
1Opinion of the CourtCollin, J.
The action is to recover the damages sustained by the plaintiff through the death of the intestate caused by the alleged negligent operation of a car of defendant upon its-track in the borough of Brooklyn. The judgment for the plaintiff, entered upon the verdict of the jury, has been affirmed by the Appellate Division.
One Kelly was a witness for the plaintiff and gave material testimony in his favor. On cross-examination, he was shown a typewritten statement, to which his name was subscribed, describing the circumstances of the accident and contradicting in material particulars his testimony.…
2Cases cited10 opinions
- Phillip v. . GallantNew York Court of Appeals · 1875
- Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Loughlin v. . BrassilNew York Court of Appeals · 1907
- Chicago City Railway Co. v. MatthiesonIllinois Supreme Court · 1904
- Romertze v. . East River National BankNew York Court of Appeals · 1872
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