Keating v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 27th day of December, 1904, setting aside the verdict of a jury theretofore rendered in favor of the defendant and granting a new trial of the action.
1Opinion of the Court
O’Brien, J.:
This action is brought to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence *363of the defendant in failing to keep in a safe and proper condition the surface of the roadway between and adjacent to its tracks. The jury rendered a verdict in favor of the defendant, which the court set aside as against the weight of evidence, and the appeal is taken from the order entered to that effect.
We are of opinion that this order must be reversed. Not only does the record before us fail to show any facts from which the jury could have found…
2Cases cited8 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Nolan v. . KingNew York Court of Appeals · 1885
- Walsh v. Central New York Telephone & Telegraph Co.New York Court of Appeals · 1903
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3Cited by4 opinions
- Maloney v. Bradley Contracting Co.Appellate Terms of the Supreme Court of New York · 1914
- White v. StateNew York Court of Claims · 1911
- McHugh v. Consolidated Gas Light Co.City of New York Municipal Court · 1914
- White v. StateNew York Court of Claims · 1911