Legal Opinion

Weir v. Union Railway Co.

New York Court of Appeals

Decided May 10, 1907PublishedCited by 16 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 26, 1907, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial justice erred in his ruling upon evidence and in his instructions to the jury. (Kronold v. City of New York, 186 N. Y. 40 ; Masterton v. Vil. of Mt.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 26, 1907, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial justice erred in his ruling upon evidence and in his instructions to the jury. (Kronold v. City of New York, 186 N. Y. 40 ; Masterton v. Vil. of Mt. Vernon, 58 N. Y. 391; Marks v. L. I. R. R. Co., 14 Daly, 61; B. & A. R. R. Co. v. O'Reilly, 158 U. S. 334; Blate v. T. A. R. R. Co., 29 App. Div. 388; Hewlett…

1Opinion of the CourtChase, J.

The plaintiff recovered judgment in this action against the defendant for personal injuries resulting from the fall of a fare indicator or register in one of defendant’s street cars on which the plaintiff was a passenger. An appeal was taken from said judgment to the Appellate Division of the Supreme Court, where it was unanimously affirmed. The appeal is taken to this court pursuant to an order of the said Appellate Division allowing the same, and in which order it is certified that, in the opinion of the court, a question of law is involved which ought to be reviewed by this court.

The only…

2Cases cited2 opinions

  1. Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
  2. Kronold v. . City of New YorkNew York Court of Appeals · 1906

3Cited by16 opinions

  1. Steitz v. GiffordNew York Court of Appeals · 1939
  2. Walsh v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
  3. Dempsey v. City of ScrantonSupreme Court of Pennsylvania · 1919
  4. Singer v. MartinWashington Supreme Court · 1917
  5. Mahoney v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1915

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