Bente 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 16th day of May, 1903, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 13th day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
I do not think that there was error that would justify a reversal of this judgment. The defendant insists that the verdict Was against the weight of evidence. The plaintiff was a passenger upon a car operated by the defendant and she fell to the street in getting off the car opposite the depot of the Harlem Railroad Company in the city of New York. She testified positively that the car came to a stop; that as she started to get off the car it started forward with a jerk and she was thrown into the street. Her evidence was not corroborated. For the defendant the conductor…
2Cases cited2 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Martin v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Warren Brothers Co. v. . City of New YorkNew York Court of Appeals · 1907
- Coles v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906