Legal Opinion

Clancy v. Yonkers Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 1903PublishedCited by 1 opinion

Appeal from City Court of Yonkers. Action by Maria Clancy against the Yonkers Railroad Company. From a judgment for plaintiff and from an order denying a motion for a new trial, defendant appeals. Reversed.

1Opinion of the CourtJenks, J.

I think that the judgment should be reversed, on the ground that it is against the weight or preponderance of evidence. The plaintiff complains that she signaled the defendant’s conductor to stop the car, which was done, and that while alighting therefrom the car was negligently started, so that she was cast into the street. Her case rests solely upon her testimony. She also testifies that she knew many by sight upon the car, but none by name, and that she subsequently called upon Mr. Earl, Mrs. Evans, and Mr. Chasin about the accident. But she called none of these persons to the witness…

2Cases cited5 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
  3. Colvin v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  4. Hogan v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  5. Wolf v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by1 opinion

  1. Vonderahe v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905

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