Green 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 a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of February, 1901, upon the verdict of a jury for §5,000, and also from an order entered in said clerk’s office on the 28th day of February, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This action has been tried three times. The first trial resulted in a disagreement of the jury and the second in a dismissal of the complaint. On appeal we reversed the judgment entered upon the *55dismissal of the complaint, and upon the third trial a verdict was found for the plaintiff. From the judgment entered upon that verdict and from an order denying a motion for a new trial this appeal is taken.
Upon the merits of the case we are not able to find any substantial difference in the record now before us and that under consideration on the former appeal in the evidence given to…
2Cases cited3 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- Bittner v. Crosstown Street Railway Co.New York Court of Appeals · 1897
- Green v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Westerdale v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- Griebel v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Collins v. CrimpMontana Supreme Court · 1932