Deutschmann v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Annie Deutschmann against the Third Avenue Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
Action to recover damages for personal injuries on the ground of defendant’s negligence. The testimony on the part of the plaintiff’s witnesses tended to show that she was seriously injured by the sudden starting of one of the defendant’s cars while she was attempting to board the same, while that on the part of the defendant’s witnesses was to the effect that the plaintiff was not injured in the manner claimed by her, and that she never attempted to board the car at all. There was thus presented a sharp conflict in the testimony, and the trial court could not do otherwise than submit the…
2Cases cited6 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Furst v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
- Sherman v. . D., L. W.R.R. Co.New York Court of Appeals · 1887
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3Cited by2 opinions
- Deutschmann v. Third Avenue RailroadsAppellate Division of the Supreme Court of the State of New York · 1903
- Katz v. Brooklyn, Queens County & Suburban RailroadAppellate Terms of the Supreme Court of New York · 1909