Stiasny v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carolina Stiasny, as committee of Albert E. Stiasny, a lunatic, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of July, 1901, denying the plaintiff’s motion for a new trial upon the ground of newly-discovered evidence.
1Opinion of the Court
Patterson, J.:
On the trial of this action, which was brought to recover damages for personal injuries claimed to have been sustained by Albert E. Stiasny through the negligence of the defendant’s servants, a verdict was rendered for the defendant, and, upon appeal to this court, that judgment was affirmed. At the time of the trial, Albert E. Stiasny was a lunatic in charge of a committee, and the action was brought in the name of such committee. Since the affirmance of the judgment Mr. Stiasny has been restored to sanity, and the plaintiff has moved for a new trial on the ground of…
2Cases cited1 opinion
- Hubbard v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Stiasny v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902