Sullivan v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Timothy J. Sullivan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of May, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 22d day of April, 1898, denying the plaintiff’s motion to set aside such verdict, and for the direction of a verdict in his favor in accordance with- the…
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Appeal by the plaintiff, Timothy J. Sullivan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of May, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 22d day of April, 1898, denying the plaintiff’s motion to set aside such verdict, and for the direction of a verdict in his favor in accordance with- the findings of the jury upon the questions submitted to them.
1Opinion of the Court
Ingraham, J.:
The action was commenced to recover the damages caused by the negligence of the defendant, a street railway company. Upon the trial, a motion having been made by the defendant at the close of all the evidence for the direction of a verdict, the court, pending the decision of such motion, submitted to the jury four questions of fact raised by the pleadings; first, was the plaintiff free from any negligence contributing to the happening of the accident; second, was the accident caused through the negligence -of the defendant; third, what was the least amount that would compensate…
2Cited by3 opinions
- Russell v. RhinehartAppellate Division of the Supreme Court of the State of New York · 1910
- Jones v. New York Central & Hudson River RailroadNew York Supreme Court · 1908
- Griffiths v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901