Silverman v. Dry Dock, East Broadway & Battery Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Silverman,, an infant, by -Morris Ain, his guardian ad litem, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 14th day of August, 1901, granting the defendant’s motion for a new trial made upon the minutes and setting aside the verdict of a jury in favor of the plaintiff for $2,700 rendered after a trial at the New York Trial Term.
1Per curiam
This is an action for damages for personal injuries sustained by the plaintiff by reason of the alleged negligence of the defendant. The’ plaintiff was a passenger upon one of the defendant’s cars and received the injuries while alighting therefrom. The issue in the case was whether plaintiff attempted to alight while the car was in motion,, or whether the car was suddenly started while he was so engaged. The case was sent to the jury under proper instructions and a verdict for plaintiff was rendered. A motion was then made to set aside the same as against the weight of evidence, which motion…
2Cases cited1 opinion
- Suhrada v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Rothenberg v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Klein v. DunnAppellate Terms of the Supreme Court of New York · 1904
- Lynch v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
- Newbound v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- Surkin v. Interborough Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
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