Hogan v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Judgment and order reversed, new trial granted, costs to appellant to abide event.—Appeal from a judgment entered upon the verdict of a jury in favor of the plaintiff which awarded her damages for the negligence of the defendant, and also from an order denying defendant’s motion for a new trial.—
1Opinion of the Court
Hatch, J.:
We think the judgment in this case should be reversed upon the ground that the verdict upon which it was based is againsfc the clear weight of the testimony given upon the trial. So far as the case of the plaintiff finds support, it is in the testimony given by the plaintiff alone and is either contradicted by affirmative oral testimony or by the circumstances surrounding the occurrence of the accident. The plaintiff testifies that on March 13,1899, she took a car of the defendant at Seventeenth street to ride to Nineteenth street, where she resided; that the car stopped at the…
2Cited by2 opinions
- Clancy v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Lillienthal v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1905