Williams v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Railroad Company, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county •of Oneida on the 20th clay of March, 1901, upon the verdict of a jury.for $4,900, and also from an order entered in said clerk’s office •on the 20th day of March, 1901, denying the defendant’s motion íor a new trial made upon the minutes.
1Opinion of the Court
Adams, P. J.:
This is an action to recover damages for personal injuries, and it is the third time this court has been called upon to review a judgment therein which was favorable to the plaintiff.
Upon the first hearing we held, in an opinion- which recited the facts of the case at considerable length, that the verdict of the jury upon which the judgment was based was against the preponderance of evidence, and for that reason a new trial was granted, (39 App. Div. 647.)
Upon a retrial the evidence given on the former trial was'read to the jury from the printed record, with the result that the…
2Cases cited5 opinions
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Fealey v. . BullNew York Court of Appeals · 1900
- Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1903