Legal Opinion

Schoener v. Metropolitan Street Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 5 opinions

Appeal by the defendant, the Metropolitan 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 New York on the 11th day of December, 1901, upon the verdict of a jury for $1,800, and also from an order entered in said clerk’s office on the 20th day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

Action to recover damages for personal injuries alleged to have been sustained by reason of the defendant’s negligence. The plaintiff had a verdict and from the judgment thereafter entered, and an order denying a motion for a new tidal defendant has appealed. It asks that the judgment be reversed and a new trial granted upon the ground that the verdict was against the weight of evidence. This necessitates a review of the facts established upon the trial.

It appeared that on the 22d of March, 1899, the plaintiff, while in the act of driving a horse attached to a delivery wagon…

2Cited by5 opinions

  1. Pelletreau v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Moore v. Kansas City Railways Co.Supreme Court of Kansas · 1921
  3. Sophian v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1902
  4. Seggerman v. Metropolitan Street Railway Co.New York Supreme Court · 1902
  5. Indianapolis Street Railway Co. v. TennerIndiana Court of Appeals · 1903

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