Weeks v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, sustaining exceptions, setting aside a verdict in favor of plaintiff, and ordering a new trial. (Reported below, 9 Hun, 669.) This action was brought to recover damages alleged to have been sustained by defendant’s negligence.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, sustaining exceptions, setting aside a verdict in favor of plaintiff, and ordering a new trial. (Reported below, 9 Hun, 669.) This action was brought to recover damages alleged to have been sustained by defendant’s negligence. The complaint alleged in substance, and plaintiff’s evidence tended to show, that on November 9, 1871, he was a passenger on one of defendant’s trains from New Haven to New York, which train arrived in New York between 5 and 6 a. m. The cars ivere detached at Forty-second…
1Opinion of the CourtFolger, J.
The questions in this case arise upon a motion to dismiss the complaint. The grounds of the motion are somewhat generally expressed, but may be considered as making the proposition, that there was no evidence upon which the court should submit to the jury, whether the plaintiff should recover for the value of the bonds taken from him. The plaintiff now insists that this was not the only question for the jury, and that it was for them also to inquire, whether he did not suffer bodily harm from the assault and battery upon him, and thus sustain damage for which he should have compensation.
This…
2Cases cited5 opinions
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- McKecknie v. . WardNew York Court of Appeals · 1874
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
- Tyng v. . Commercial Warehouse Co.New York Court of Appeals · 1874
3Cited by2 opinions
- Repp v. Indianapolis, Columbus & Southern Traction Co.Indiana Supreme Court · 1916
- Knieriem v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905