Thornton v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interurban Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 29th day of February, 1908, upon the verdict of a jury for $1,000, rendered after a trial at the Kings County Trial Term.
1Opinion of the Court
Jenks, J.:
The plaintiff complains that the defendant’s street surface car was negligently driven against her when she was attempting to cross over the defendant’s rails in a city street. Her verdict was set aside, on motion of the defendant as contrary to law, on condition that the defendant pay costs within 10 days after the entry of the order to that effect. The defendant did not avail itself of the order, nor did it appeal therefrom. But it takes this appeal from the judgment. We cannot pass upon the weight of evidence; our review is confined to the exceptions. (Collier v. Collins, 172 N.…
2Cases cited4 opinions
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Collier v. . CollinsNew York Court of Appeals · 1902
- Ten Eyck v. WitbeckAppellate Division of the Supreme Court of the State of New York · 1900
- Montenes v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Wecker v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910