Batchelor v. Degnon Realty & Terminal Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Degnon Bealty and Terminal Improvement Company, from a judgment of the Supreme Court-in favor of the- plaintiff, entered in the office'of the clerk of the county of Queens on the 18th day of February,' 191Ó, upon the- verdict of a jury for $4,250, and also from an order entered in said clerk’s office on the 19th day of February, 19Í0, denying the defendant’s . motion'for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
Upon a former appeal in this case, where the defendant was running its dirt cars along Middleburg avenue on a temporary track, it was held to be error' to grant a motion for a nonsuit, where it appeared that the train of dirt cars was suddenly backed - down upon the infant plaintiff, and there was no evidence in the case showing that there was- any one at the crossing or at the rear of the train or anywhere to look out for people crossing, or any evidence on that head. (131 App. Div. 136.) ' It is claimed upon- the present appeal that there Was a conflict of evidence upon this…
2Cases cited1 opinion
- Batchelor v. Degnon Realty & Terminal Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909