Day v. Brooklyn City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Day, from a judgment of the Supreme Court in favor of the defendant Brooklyn City Railroad Company, entered in the office of the clerk of the county of Kings on the 26th day of February, 1921, upon the verdict of a jury, and also from an order, entered in said clerk’s office oh the 1st day of March, 1921, denying plaintiff’s motion to set aside the verdict and for a new trial made upon the minutes.
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Appeal by the plaintiff, Elizabeth Day, from a judgment of the Supreme Court in favor of the defendant Brooklyn City Railroad Company, entered in the office of the clerk of the county of Kings on the 26th day of February, 1921, upon the verdict of a jury, and also from an order, entered in said clerk’s office oh the 1st day of March, 1921, denying plaintiff’s motion to set aside the verdict and for a new trial made upon the minutes. Appeal by the plaintiff, Elizabeth Day, from a judgment of the Supreme Court m favor of the defendant Sheffield Farms Company, Inc., entered in the office of the…
1Opinion of the Court
Putnam, J.:
Here was an issue of fact, as to the accident, coupled with a wide variance between medical men as to plaintiff’s alleged injuries. The driver of the milk truck stated that the car went by a “ stop ’.’ sign. But the jury could well accept testimony from the railroad that there was no “ stop ” sign at Arlington place, hence that the truck driver’s recollection had confused this place (where there is no cross street) with Nostrand avenue. The jury were not required to accept the estimate of the truck driver that the car went eight to ten miles an hour. Apparently they chose to take…
2Cases cited2 opinions
- Freeland v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Rosenblum v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1912