Walter v. Joline
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Adrian H. Joline and another,, as receivers, etc., 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 10th day of June, 1909, upon the verdict of a jury for $2,000, and also from an order- entered in said clerk’s office on the 9th day of June, 1909, denying the ..defendants’ motion for a hew trial made upon the minutes.
1Opinion of the Court
Clarke, J. :
Plaintiff was a passenger on a Broadway car. He alleged that he liad been thrown from said car and received the injuries complained of by reason of the premature.and negligent starting thereof as he was alighting therefrom. A question of fact was presented for the jury, which ivas resolved in favor, of the plaintiff.
The Court of Appeals in Post v. Brooklyn Heights Railroad Co. (195 N. Y. 62) has said: “There are errors in this record, .hut we' find none calling for reversal when the circumstances under which the erroneous rulings were made and their probable effeqt on the result…
2Cases cited1 opinion
- Post v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1909
3Cited by6 opinions
- Seligson, Morris & Neuburger v. Fairbanks Whitney Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Nicholas v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1953
- Weil v. WeilAppellate Division of the Supreme Court of the State of New York · 1953
- Heywood v. DohertyAppellate Terms of the Supreme Court of New York · 1911
- Heywood v. DohertyAppellate Terms of the Supreme Court of New York · 1911
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