Scheu v. Union Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Union Eailway Company of New York city, from a judgment of the Supreme Court in favor of the plaintiff, entered in the -office of the clerk of "the county of ISTew York on the 28th day of June, 1905, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the 14th. day of July, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
We are constrained to reverse this judgment because the plaintiff was permitted to recover upon proof of a state of facts wholly at variance with the negligent acts which she alleged in her complaint.
The negligence which she pleaded was that, while riding as a passenger, and seated, the defendant propelled its car at such a_ dangerous and high rate of speed around a curve that she was thrown from her seat to the ground, sustaining the injuries of which she complains.
*240Against the timely and repeated objection of the defendant that the proof was at variance with the pleading, .she…
2Cases cited4 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Woolsey v. Trustees of the Village of EllenvilleNew York Supreme Court · 1893
- Newman v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Ray v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Memphis Street Railway Co. v. BerryTennessee Supreme Court · 1907
- Clark v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Stern v. MayerAppellate Division of the Supreme Court of the State of New York · 1906
- Bernstein v. East 167th Street Corp.City of New York Municipal Court · 1937
- Lynch v. Cronk, New York County Courts1915