Klein v. Burleson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Burleson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Allegany on the 8th day of May, 1909, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Robson, J.:
Plaintiff, about nine o’clock in the evening of' June 16, 1908, while driving with her husband on the highway from Stannard’s Corners to Wellsville, was thrown from their carriage and received the injuries for which she has recovered this verdict against defendant.
Appellant urges that the verdict is contrary to and against the weight of the evidence. Under her complaint, as the court charged the jury, she could not recover against defendant unless she .established that the vehicle in which she was riding was' tipped over and she was thrown therefrom solely by reason of an actual…
2Cases cited4 opinions
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Lee v. . Troy Citizens' Gas-Light Co.New York Court of Appeals · 1885
- Bogardus v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Scott v. BarkerAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Hartman v. LowensteinAppellate Terms of the Supreme Court of New York · 1915
- Evelyn Goldsmith Home for Crippled Children, Inc. v. Island Park Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1929