Giltman v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clara Giltman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of January, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 31st day of January, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
At the commencement of the trial, counsel for the defendant voluntarily admitted “ that through the carelessness of its servant or servants the collision as alleged in the complaint did occur, and that the plaintiff was free from any negligence contributing to the injury,” leaving the only questions to be litigated, whether the plaintiff was a passenger upon one of the colliding cars, and if so whether she was injured and to what extent.
The plaintiff testified that she was on her way home from a picnic, and at the time of the accident was sitting on the right side of the car, near…
2Cases cited8 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Kelly v. . BurroughsNew York Court of Appeals · 1886
- Brown v. FosterAppellate Division of the Supreme Court of the State of New York · 1896
- Denton v. CarrollAppellate Division of the Supreme Court of the State of New York · 1896
- Littlefield v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by1 opinion
- Giltman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908