Dochtermann v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Dochterinann, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 10th day of January, 1898, setting aside the verdict of a jury in favor of the plaintiff for $4,000, and granting the defendant’s motion for a new trial made upon the minutes.
1Dissent
Goodrich, P. J. (dissenting):
I cannot concur in the opinion of Mr. Justice Cullen, although now, as always, I have great hesitation in differing with his conclusions. His opinion proceeds upon the theory that there was evidence sufficient to submit to the jury the question whether the defendant’s servants started the car before there was sufficient'opportunity for the plaintiff to be seated. This requires a summary of the evidence on that subject. The plaintiff entered the car by the front door, and fell just as she stepped in the door.. She says that she does not know whether the door was…
2Cases cited7 opinions
- Morris v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1887
- Black v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Hayes v. . Forty-Second St., Etc., R.R. Co.New York Court of Appeals · 1884
- Akersloot v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1892
- Grotsch v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
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