Rott v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal in each case by the defendant, International 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 Erie on the 22d day of March, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of May, 1918, denying defendant’s motion for a new trial in each case made upon the minutes.
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Appeal in each case by the defendant, International 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 Erie on the 22d day of March, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of May, 1918, denying defendant’s motion for a new trial in each case made upon the minutes. The verdict in the first case was for $200. That in the second case was for $3,000.
1Opinion of the Court
Lambert, J.:
The plaintiff Salome Rott, in her action, pleads two separate causes of action, both in negligence, claiming to have been twice injured by the defendant’s neglect.
Her husband, Martin Rott, has likewise brought his action for loss of services, likewise pleading two separate causes of action, the one relating to each injury.
The two actions were by consent tried together. Upon the trial, counsel for the defendant requested the court to direct the jury to return a separate verdict upon each cause of action. That the court declined to do and the defendant excepted. The correctness of…
2Cases cited5 opinions
- Burns v. . D., L. W.R.R. Co.New York Court of Appeals · 1892
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1903
- Moosbrugger v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1896
- Crane v. MillerAppellate Division of the Supreme Court of the State of New York · 1898
- Welling v. . Ivoroyd Manufacturing CompanyNew York Court of Appeals · 1900
3Cited by2 opinions
- Karolczyk v. GrattonNew York Supreme Court · 1926
- Wapnik v. Argonne Hat Works, Inc.City of New York Municipal Court · 1926