Litzour v. New York City Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rew York' City 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 Rew York on the 15th day of February, 1906, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on the 23d day of February, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, P. J.:
This judgment must he reversed; as the verdict in favor of the plaintiff was not justified by the evidence. It appeared that the plaintiff was driving a wagon or truck on the westerly side of Park avenue, above Fifty-ninth street, in the city of Rew York, and came into collision with a car of the defendant on the northerly' side of its track on Fifty-ninth street at the intersection of Park avenue. He was thrown from his seat and sustained some injuries. He was the only witness called on his own behalf testifying to the occurrence. He swore that the car struck the left-hand…
2Cited by2 opinions
- Lopes v. . LinchNew York Court of Appeals · 1917
- Netterfield v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908