Thomson v. Baumann
City of New York Municipal Court
Appeal from judgment for the plaintiff entered on a verdict, and from order denying the defendants a new trial. Action for personal injuries sustained by the plaintiff from a wagon of the defendants, which was driven upon and into a part of a street car where the plaintiff was seated. Nadal, Smyth, Carrere & Trafford (Herbert C. Smyth and Edwin A. Jones, of counsel), for appellants. Louis Steekler, for respondent.
1Opinion of the CourtHascall, J.
We think that, because of errors in the charge, whereby the jury might have been led to conclude that as matter of law they must find the servant of defendants negligent, and because we think the damages awarded were excessive under the proofs, the appeal should be sustained. We decide under authority of Devine v. Railroad Co., 34 App. Div. 248, 54 N. Y. Supp. 626, and Lawson v. Railway Co., 40 App. Div. 307, 57 N. Y. Supp. 997. The question is, had the parties exercised ordinary care of reasonably prudent persons?
*1150“In the nature of things, that question must always be submitted to the jury.”…
2Cases cited3 opinions
- Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Devine v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Devine v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898