Legal Opinion

Stabenau v. Atlantic Avenue Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1897PublishedCited by 3 opinions

Appeal by the defendant, The Atlantic Avenne Railroad Company of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of June, 1896, upon the verdict of a jury, and also from an order entered in said cleric’s office on the 28tli day of Hay, 1896, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Ingraham, J.:

The plaintiff was injured by one of the defendant’s cars, and the action is brought to recover damages sustained in consequence of such injury. The case was submitted to the jury, who found a verdict for the plaintiff, and we are asked to reverse this judgment on the ground that the evidence did not justify a finding that the accident happened because of the negligence of the defendant. The accident happened at a street crossing at New Utrecht. The defendant’s road approaches this crossing by a curve. There is a high board fence on the side of the defendant’s road as it rounds…

2Cases cited1 opinion

  1. Lavin v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Jackson v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. De Ioia v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
  3. Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902

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