Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Eliza M. Kellegher against the Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals. Affirmed.
1Opinion of the CourtIngraham, J.
The only attack upon this judgment by the appellant is that the verdict of the jury is against the weight of evidence. When the case was before this court on a former appeal (56 App. Div. 332, 67 N. Y. Supp. 767), it was held that the question was one for the jury, and the judgment was affirmed. There was a dissent in that case, based entirely upon an exception to the charge. Upon an appeal to the Court of Appeals (171 N. Y. 309, 63 N. E. 1096) that judgment was reversed upon the ground that there was error in the charge, to which the defendant excepted, and which entitled the defendant to a…
2Cases cited3 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Parsons v. WyckAppellate Division of the Supreme Court of the State of New York · 1900
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900