Rothenberg v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rosie Rothenberg, from an order of the Supreme Ooui't, made' at the Hew York Trial Term and entered in the office of the clerk of the county of Hew'York on the lltli day of October, 1909, denying the plaintiff’s motion to resettle an order which set aside, the verdict of a jury in favor of plaintiff and granted a hew trial.
1Opinion of the Court
Clarke, J.:
This was a negligence action and resulted in a verdict in favor of the plaintiff. The learned trial court set aside the verdict and granted a new trial on the ground that the-verdict was against the weight of evidence. Thereafter plaintiff’s counsel made a motion for an order resettling said order- by inserting a provision therein to the effect that as a condition for the granting óf a new trial the defendant pay to the plaintiff’s attorneys the costs to date and in default thereof the verdict of the jury be reinstated. Said motion was denied by an Order entered oh October 11,…
2Cases cited7 opinions
- Brown v. FosterAppellate Division of the Supreme Court of the State of New York · 1896
- Helgers v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898
- Waltz v. Utica & Mohawk Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Silverman v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brunnabend v. TibblesMontana Supreme Court · 1926
- Frascone v. LouderbackAppellate Division of the Supreme Court of the State of New York · 1912
- Gottlieb v. CoutantCity of New York Municipal Court · 1911
- Stancourt Laundry Co. v. LamuraCity of New York Municipal Court · 1914
- Bernstein v. SchneiderCity of New York Municipal Court · 1911
3 more not listed; retrieve them via the Exa API.