McCann v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catherine McCann, as administratrix, etc., of Simon McCann, deceased, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 11th day of February, 1902, setting aside the verdict of a jury in favor of the plaintiff for $5,500, and granting a new trial of the action.
1Dissent
McLaughlin, J. (dissenting):
The evidence adduced upon the last trial is substantially the same as that adduced upon the preceding one. There is no material change whatever, unless it be that the evidence on the part of the defendant has been strengthened. On the last appeal, this court, in reversing the judgment and ordering a new trial, held that the verdict was against the evidence, not only as to the defendant’s negligence, but also as to the contributory negligence of the deceased. (65 App. Div. 611.) That is the law of the case, binding upon the trial court, and I think upon this court,…
2Cases cited1 opinion
- H. Koehler & Co. v. KennedyAppellate Division of the Supreme Court of the State of New York · 1901