Power v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William J. McGrath Power, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 2d day of February, 1912, upon the verdict of a jury dismissing the complaint, and also from an order entered in said clerk’s office on the same day denying plaintiff’s motion for a new trial.
1Per curiam
The appellant assigns but one ground of error — that the court erroneously admitted the report and a sworn statement of the witness Mollahan, an ex-motorman of a car following the one concerned in the accident, who had been called for the defendant. The witness had manifested hostility to the extent that the counsel who called him was allowed to subject him to cross-examination. When Mollahan disclosed this animus against his former employer, he was asked if on the same night of the accident he had made a report to the defendant. He admitted that he had, although later he said he had not…
2Cases cited12 opinions
- Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Romertze v. . East River National BankNew York Court of Appeals · 1872
- McDonald v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1904
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3Cited by5 opinions
- Longacre v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- People v. SpeeksAppellate Division of the Supreme Court of the State of New York · 1916
- Manson-Jacobs Co. v. West 129th Street Building Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Fischer v. W. C. Ritchie & Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Koslowski v. United States Steel Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1915