Wynn v. Central Park, North & East River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Central Park, North and East River Railroad Company, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 21st day of November, 1895, upon the verdict of the jury entered after a trial at a Trial Term of said court, and also from an order entered in said clerk’s office on the 3d day of December, 1895, denying the defendant’s motion for a…
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Appeal by the defendant, the Central Park, North and East River Railroad Company, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 21st day of November, 1895, upon the verdict of the jury entered after a trial at a Trial Term of said court, and also from an order entered in said clerk’s office on the 3d day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for injuries to the plaintiff alleged to…
1Dissent
Williams, J. (dissenting):
This case had once before been tried, a verdict had been rendered in favor of the plaintiff, and the judgment entered thereon had been affirmed on appeal by the General Term. The Court of Appeals, however, reversed the judgment and ordered a new trial, by reason of an error committed by the trial court in submitting to the jury the question whether the driver of the car was guilty of negligence in the management of the car after the breaking of the brake chain, which negligence caused the plaintiff’s injuries. The court held that there was no evidence in the case,…
2Cases cited2 opinions
- Minick v. . City of TroyNew York Court of Appeals · 1881
- Matter of DuffyNew York Court of Appeals · 1892