Hollahan v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
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 28th day of January, 1902, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 28th day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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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 28th day of January, 1902, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 28th day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff seeks to recover for personal injuries which he sustained by being thrown into the street from the front platform of the defendant’s downtown First Avenue horse…
1Opinion of the Court
O’Brien, J.:
The appellant contends that the court erred in the theory upon which it sent the issues to the jury as appears particularly from various portions of the charge to which exceptions were taken. Without discussing these various exceptions at length, it is sufficient to say that the question which they present was raised upon the motion made to dismiss, as to whether the precise cause of the derailment of the car not being shown, the jury might infer from the unusual nature of the accident that the defendant was negli. gent. Both plaintiff’s and defendant’s witnesses failed to ascribe…
2Cases cited5 opinions
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Hastings v. Central Crosstown RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Pollock v. Brooklyn & Cross-Town RailroadNew York Supreme Court · 1891
- Stevenson v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Ramson v. Metropolitan Street RailWay Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Adams v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Braun v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ramson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Adams v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
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