O'Meara v. Brooklyn City Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Mary T. O’Meara, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal' of her complaint, directed by the court after a trial at a Trial Term of the Supreme Court held hi and for the county of New York on the 7th day of December, 1896.
1Opinion of the Court
Rumsey, J.:
The plaintiff brought this action to recover for injuries inflicted upon her by the negligence of the defendant’s employees while she was a passenger upon one of its cars. The defendant alleged, among other things, as a separate answer to the cause of action, that before the commencement of the action the plaintiff had executed and delivered to the defendant a release in full of all claims she might have had against it by reason of the occurrence complained of. Upon the trial, after this release had been put in.evidence, the plaintiff offered testimony tending to impeach it for…
2Cases cited3 opinions
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Dixon v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1885
- Shaw v. WebberNew York Supreme Court · 1894
3Cited by7 opinions
- Lassell v. MellonAppellate Division of the Supreme Court of the State of New York · 1927
- Fleming v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Babcock v. ClarkAppellate Division of the Supreme Court of the State of New York · 1904
- Yaple v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Grockie v. HirshfieldAppellate Division of the Supreme Court of the State of New York · 1900
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