Fitzgibbon v. Joline
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Personal injury action by Thomas Fitzgibbon against Adrian H. Joline and another, receivers. Judgment for plaintiff, and defendants appeal. Reversed, and remanded for a new trial.
1Opinion of the CourtMacLEAN, J.
The verdict herein in favor of the plaintiff, upon his claim for personal injuries alleged to have been' sustained through the negligence of the defendants, was against the weight of evidence. Williams v. N. Y. City Ry. Co., 49 Misc. Rep. 253, 97 N. Y. Supp. 393. Where the collision occurred was in dispute; the plaintiff, a driver of an ash cart, in the employ of the city, testifying that, on January 20, 1908, about 3 p. m., while in the performance of his duties, he crossed from the east to the west side "of Eighth avenue, between the north and south crosswalks of Twenty-First street, and…
2Cases cited1 opinion
- Williams v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
3Cited by1 opinion
- Barnard Realty Co. v. BonwitAppellate Division of the Supreme Court of the State of New York · 1913