Hussner v. . Brooklyn City R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■ Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order deny- . ing a motion for a new trial. The nature of the action and the material-facts .-are stated ;in the opinion. The proof so clearly preponderated against the plaintiffs’ claim for damages that a nonsuit should have been granted.
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Appeal from judgment of the General Term of the Supreme ■ Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a judgment in favor of plaintiffs, entered upon a verdict, and affirmed an order deny- . ing a motion for a new trial. The nature of the action and the material-facts .-are stated ;in the opinion. The proof so clearly preponderated against the plaintiffs’ claim for damages that a nonsuit should have been granted. A mere scintilla of evidence will not sustain a recovery. (Dwight v. G. L. Ins. Co., 103 N. Y. 359; Improvement Co. v. Mason, 14…
1Opinion of the CourtBradley, J.
The action was brought to recover damages to the plaintiffs’ premises, alleged to have been suffered by the unlawful running and operating of the defendant’s cars upon the street in front of such premises, which are situated on the north-westerly comer of Third avenue and Twenty-fourth street in the city of Brooklyn. Prior to 1877 the defendant operated a horse car railroad on the avenue, and then pursuant to an ordinance, authorized by Laws of 1873, chapter 432, steam motors were applied by the defendant to run its cars between the city line on the south and Twenty-fourth street on the…
2Cases cited4 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- McGovern v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by14 opinions
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
- Abendroth v. Manhattan Railway Co.New York Court of Appeals · 1890
- New York Elevated Railroad v. Fifth National BankSupreme Court of the United States · 1890
- Fobes v. Rome, Watertown & Ogdensburg RailroadNew York Court of Appeals · 1890
- Mitchell v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
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