Bryant v. Town of Randolph
New York Supreme Court
Appeal from circuit court, Cattaraugus county. Action by Samuel Bryant against the town of Randolph for personal injuries causing the death of plaintiff’s intestate. From a judgment entered ■on a verdict for plaintiff, and from an order denying a motion for a new trial, defendant appeals. For former report, see 6 H. Y. Supp. 438.
1Opinion of the CourtMacomber, J.
When this case was before us on the former appeal by the defendant, (Bryant v. Town of Randolph, 6 N. Y. Supp. 438,) we granted •a new trial upon what was deemed to be errors prejudicial to the defendant in the progress of the trial, and in the charge of the court to the jury. The matters there discussed have no place in the present appeal; for upon the new trial which was had, close adherence seems to have been given to the ■opinion of the general term. The plaintiff’s intestate was passing along a highway in the town of Randolph, near a point where the road is crossed by the Hew York,…
2Cases cited1 opinion
- Bryant v. Town of RandolphNew York Supreme Court · 1889
3Cited by1 opinion
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1915