Coughlin v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights 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 Kings on the 11th day of April, 1900, upon the verdict of a jury for $4,000, and also from, an order entered in said clerk’s office on the 20th day of April, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The evidence is conflicting. The defendant contends that there is no proof that the tracks at the place of the accident were dangerously out of alignment. But the plaintiff produced a competent civil engineer, who testified to that effect, and also three ex-employees of the company.predecessor to the defendant in interest, who each testified that while acting as a conductor he had been thrown from a car at the point where the accident now complained of occurred, the period ranging from one to two years before the accident in question. This evidence required the submission to…
2Cases cited2 opinions
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Woodworth v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900