Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 7,1901, affirming a judgment in favor of.plaintiff entered upon a verdict and an' order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the 'opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 7,1901, affirming a judgment in favor of.plaintiff entered upon a verdict and an' order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the 'opinion. It was error to charge that if the jury believed the witnesses called by the plaintiff, then the act of the conductor was a negligent act, and defendant was liable. (Thompson v. Seaman, 67 App. Div. 58; Kleiner v. T. A. R. R. Co., 162 N. Y. 193 ; S. S. Nat. Bank v.…
1Opinion of the CourtMartin, J.
This action was to recover for personal injuries alleged to have been caused by the negligence of the defendant. The accident from which the injuries resulted occurred on April 25, 1897, at the corner of Seventy-ninth street and Amsterdam avenue in the city of Eew York. There was a conflict in the evidence as to the circumstances attending it. So far as essential to the question involved on this appeal the facts claimed to be established by the plaintiff 'and her witnesses may be briefly stated. At the place mentioned the plaintiff attempted to board an open horse car running upon the…
2Cases cited16 opinions
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Kain v. . SmithNew York Court of Appeals · 1882
- Eppendorf v. . B.C. and N.R.R. Co.New York Court of Appeals · 1877
- Sauter v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Mulhado v. . Brooklyn City R.R. Co.New York Court of Appeals · 1864
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Denver City Tramway Co. v. NortonCourt of Appeals for the Eighth Circuit · 1905
- Rague v. Staten Island Coach Co.New York Court of Appeals · 1942
- Johnston v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Callahan v. New York Railways Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Goodkind v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
26 more not listed; retrieve them via the Exa API.