Morrissey v. Westchester Electric Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Patrick Morrissey against the Westchester Electric Bailway Company. From an order granting a new trial, and setting aside a verdict for plaintiff for $500 damages, defendant appeals.
1Opinion of the CourtWoodward, J.
This action, brought to recover damages for a personal injury due to the alleged negligence of the defendant, has been twice tried. The first trial resulted in a judgment for the plaintiff for $5,419.92. This was reversed, and a new trial granted, on the grounds that the trial court, in its charge to the jury, had practically directed, as a matter of law, that, if the jury found that the accident occurred as the plaintiff testified it did, then the defendant was guilty of negligence. This was held to be error, “unless the adoption of his testimony as true would exclude all inferences to the…
2Cases cited9 opinions
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- McDonald v. . WalterNew York Court of Appeals · 1869
- Salt Springs National Bank v. SloanNew York Court of Appeals · 1892
- Platz v. City of CohoesNew York Supreme Court · 1880
- Meyer v. HartAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by1 opinion
- Hurley v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1903