Fandel v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue Railroad 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 15th day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The case was tried at a Trial Term in October, 1896. It is an action for damages sustained by the plaintiff by reason of the negligence of the defendant. It was submitted to the jury in a careful charge by the court, which was unexceptionable, and to which but three unimportant exceptions were taken, not argued or relied upon upon this appeal. There was one exception taken to the admission of evidence, but it is quite as unimportant as the exceptions to the charge. The only serious point made upon the trial is that upon the facts there was not sufficient proof to sustain the…
2Cited by9 opinions
- Penthouse International, Ltd. v. Playboy Enterprises, Inc.Court of Appeals for the Second Circuit · 1981
- Penthouse International, Ltd. v. Playboy Enterprises, Inc.Court of Appeals for the Second Circuit · 1981
- Coleman v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Costello v. Third Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Costello v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
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