Wersebe v. Broadway & Seventh Avenue Railroad
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Diederich H. Wersebe against the Broadway & Seventh Avenue Railroad Company. From a judgment entered on a verdict in plaintiff’s favor, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtMcADAM, J.
The action is to recover $5,000 damages for injuries resulting from the negligence of the defendant’s servant in running over the plaintiff while driving one of defendant’s cars. The jury found in favor of the plaintiff, and awarded him a verdict for $2,500.
*638As the proofs satisfactorily sustain the finding of the jury both as to negligence upon the part of the defendant’s servant and freedom from fault on the part of the plaintiff, the only questions necessary for us to review are those arising from the exceptions taken during the trial. The first is that at folio 211, wherein the plaintiff’s…
2Cases cited4 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Greene v. . WhiteNew York Court of Appeals · 1867
- Furst v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
- Allen v. JamesNew York Court of Common Pleas · 1877
3Cited by4 opinions
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- Eldredge v. EldredgeNew York Supreme Court · 1894
- Sanguinetti v. Moore Dry Dock Co.California Supreme Court · 1951
- Sanguinetti v. Moore Dry Dock Co.California Supreme Court · 1951