Peyser v. Coney Island & B. R.
New York Supreme Court
Appeal from special term, New York county. Action by Henry Peyser against the Coney Island & Brooklyn Railroad Company for personal injuries. From an order denying a motion for a new trial, on the ground of newly-discovered evidence, plaintiff appeals. Reversed.
1Opinion of the CourtParker, J.
Plaintiff, on Decoration Day, 1891, fell from the front part of the latter of two of defendant’s cars, which, coupled together, were making a trip from Brooklyn to Coney Island. The fall resulted in the loss of both his legs, which were crushed by the wheels of the car. He attempted to convince the jury on the trial of the action that the injury was due to the negligence of the defendant. The court submitted to them two questions: (1) Was the defendant negligent? (2) Did plaintiff’s conduct contribute *611in any degree to the injury? The jury rendered a verdict in favor of the defendant, but…
2Cases cited1 opinion
- Upington v. KeenanNew York Supreme Court · 1893
3Cited by2 opinions
- Cibulski v. HuttonAppellate Division of the Supreme Court of the State of New York · 1900
- Saranac Land & Timber Co v. RobertsNew York Supreme Court · 1917