Basting v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Sophie Basting, an infant, by Sophie Loose, her guardian ad litem, against the Brooklyn Heights Railroad Company. From a judgment on a verdict of $6,500 for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtGoodrich, P. J.
The plaintiff, a young woman about 20 years of age, sues to recover damages fot injuries resulting from being thrown from a car of the defendant’s at the point where it turned from court street into Hamilton avenue. The trial was peculiar in the fact that the plaintiff was the only witness to the accident, but a careful' reading of her testimony satisfies me that there was no possible alternative to the submission of the issues to the jury, and it is difficult to predicate error of a submission of questions to the jury when a failure to submit would have involved reversal. The plaintiff’s…
2Cited by3 opinions
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