Dixson v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maggie Dixson, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 31st day of July, 1901, setting aside the verdict of the jury rendered in favor of the plaintiff for $3,500, and granting a new trial of the action on the ground of surprise.
1Opinion of the Court
Hirschberg, J.:
The order appealed from recites that it is granted “ upon the grouild of surprise,” and the main question presented upon the appeal is whether1 the facts justify the exercise of the undoubted power of the court to grant a new trial upon that ground.
■ The plaintiff, an unmarried woman thirty years of age, was injured while attempting to board one of the defendant’s cars on the 25th day of October, 1899. Her verified complaint stated that in consequence of the accident she had sustained “ serious and lasting bodily injuries, and injuries to her head, limbs and nervous system, as…
2Cases cited6 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Quirk v. Siegel-Cooper Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Messenger v. Fourth National BankNew York Court of Common Pleas · 1875
- Tyler v. HoornbeckNew York Supreme Court · 1866
- Glendening v. CanaryNew York Court of Common Pleas · 1875
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3Cited by3 opinions
- Piltz v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Hapgoods v. LuschAppellate Division of the Supreme Court of the State of New York · 1907
- Sealey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903