Waldie v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by George Waldie against the Brooklyn Heights Railroad Company. From a. judgment for plaintiff, entered on a verdict in his favor for $io,ooo, and from an order denying a new trial, defendant appeals. Affirmed.
1Opinion of the CourtHirschberg, J.
The plaintiff has recovered a judgment for damages resulting from an injury received while alighting from one of the defendant’s cars. The evidence is conflicting upon the question of negligence, but it was fairly submitted to the jury. The version of *923the accident given by the plaintiff is certainly a more reasonable one than that offered in defense, and it cannot be said that the result is against the weight of evidence, so as to require or justify a reversal. The appellant contends, however, that the learned trial court erred in permitting the plaintiff to prove that at the time of the…
2Cases cited6 opinions
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Hewlett v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Thomas v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Read v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Blate v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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