McGrath v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 31st day of January, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Queens, and also from an order bearing date the 23d day of January, 1896, and entered in said clerk’s office denying the defendant’s motion for…
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■ Appeal by the defendant, The Third Avenue Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 31st day of January, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Queens, and also from an order bearing date the 23d day of January, 1896, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. This action was brought to recover damages resulting from: (1) Personal injuries…
1Opinion of the Court
Per Curiam :
Upon the main question of the negligence of the defendant and of contributory negligence upon the part of the plaintiff, we are of opinion that the evidence is sufficient to uphold the recovery for the personal injuries sustained. It would be of little service to here set down the process of reasoning by which this result is reached, as it simply involves the application of well-established rules to slightly differing proof.
*142So far as the injury to the horse is concerned, a different question is presented. There, does not seem to be any sufficient evidence to show that the death of…
2Cases cited1 opinion
- Ludlow v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1896