Morrissey v. Westchester Electric Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Westchester Electric Railway Company, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of" the county of Westchester on the 6th day of January, 1898, granting the plaintiff’s motion to set aside a verdict for the plaintiff for $500 and for a new trial.
1Opinion of the Court
Woodward, J.:
This action, brought to recover damages for personal injury, due to the alleged negligence of the defendant, has been twice tried. The first trial resulted in a judgment for the plaintiff for $5,419.92. This was reversed and a new trial granted, on the grounds that the trial court, in its charge to the jury, had practically directed as a matter of law that if the jury found that the accident occurred as the plaintiff testified it did, then the defendant was guilty of negligence. This was held to be error, “ unless the adoption of his testimony, as true, would exclude all…
2Cases cited6 opinions
- McDonald v. . WalterNew York Court of Appeals · 1869
- Platz v. City of CohoesNew York Supreme Court · 1880
- Meyer v. HartAppellate Division of the Supreme Court of the State of New York · 1897
- Morrissey v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Saperstone v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
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3Cited by2 opinions
- Stuart v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Hurley v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903