O'Gorman v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Queens County Railway Company, from a judgment of the Supreme Court in favor of the plaintiff in each of the above-entitled actions, entered in the office of the clerk of the county of Queens on the 2d day of November, 1903, upon the verdicts of a jury for $100 and $300 respectively, and also from an order in each action entered in said clerk’s office on the 4th day of November, 1903, denying the defendant’s motion for a new trial…
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Appeal by the defendant, the New York and Queens County Railway Company, from a judgment of the Supreme Court in favor of the plaintiff in each of the above-entitled actions, entered in the office of the clerk of the county of Queens on the 2d day of November, 1903, upon the verdicts of a jury for $100 and $300 respectively, and also from an order in each action entered in said clerk’s office on the 4th day of November, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
A single record herein presents for review the recoveries in two actions which involve the same questions and were tried together. Separate records should have been prepared for the purpose of the appeal, and the court must not be deemed to sanction the appellant’s practice by considering and determining the questions as presented in this instance.
The plaintiffs were passengers upon one of the defendant’s trolley cars in the borough of Queens, New York city, on June 24, 1902, and were ejected from the car by the conductor. The cause of the ejection as claimed by the…
2Cases cited3 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Muckle v. Rochester Railway Co.New York Supreme Court · 1894
- Dowd v. Albany RailwayAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Cameron v. Rochester & Syracuse RailroadNew York Supreme Court · 1925
- Tuffey v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Tuffey v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1905