Goldberg v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, General Term. Action by Elias David Goldberg against the Metropolitan Street Railway Company. From a judgment for defendant, and an order denying a new trial, plaintiff appeals. Reversed.
1Opinion of the CourtGildersleeve, J.
The action is for personal injuries received through the alleged negligence of the defendant’s servants. The plaintiff was a passenger upon one of the defendant’s cars, and, in attempting to alight from the car, fell or was thrown to the ground, sustaining certain injuries.
The judgment is first challenged upon the ground that the verdict is against the weight of evidence. There is a sharp conflict of testimony. We find sufficient evidence to support the verdict of the jury, and the judgment should not be disturbed upon this ground.
We think the second ground upon which the appellant assails…
2Cases cited3 opinions
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- McNeill v. Metropolitan Street Railway Co.City of New York Municipal Court · 1897