Larkin v. New York Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, New York Telephone Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 29th day of December, 1914, upon the verdict of a jury for $10,000, and also an appeal by the defendant New York Telephone Company from an order entered in said clerk’s office on the 18th day of December, 1914, denying its motion for a new trial made upon the minutes.
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Separate appeals by the defendants, New York Telephone Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 29th day of December, 1914, upon the verdict of a jury for $10,000, and also an appeal by the defendant New York Telephone Company from an order entered in said clerk’s office on the 18th day of December, 1914, denying its motion for a new trial made upon the minutes. Also an appeal by the defendant Queensborough Gas and Electric Light Company from an order entered in said clerk’s office on…
1Opinion of the Court
Jenks, P. J.:
We now have the record of the new trial granted herein (Larkin v. Queensborough Gas & Electric Light Co., 158 App. Div. 414), and this discussion should be read with reference to our former opinion. Of course, the plaintiff strove to overcome the difficulties of the first trial. She cannot be criticised in that such striving was sinister, either by suppression or supply of proof. She contends that the former *164witnesses recalled on this trial did not change their testimony, but amplified it. There are nine of such witnesses and three new witnesses. One witness called by the…
2Cases cited4 opinions
- Cameron v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
- Cullen v. National Sheet Metal Roofing Co.New York Court of Appeals · 1889
- Larkin v. Queensborough Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Sheridan v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Bishop v. Kingston Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1917