Legal Opinion · Dissent

Weinstein v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Decided January 15, 1907Published

Appeal by the defendant from a judgment of the Oity Court of the city of New York, entered in favor of the plaintiff on the verdict of a jury, and also from an order denying defendant’s motion for a" new trial.

1Dissent

Dayton, J. (dissenting).

I do not concur in the opinion of my associates. At the time of the accident, Sickles, called by the defendant, was the accident clerk of the Avenue 0 division of the Interurban Street Bailway Company. He testified on direct examination as follows: “ I had the driver and conductor up on the case and inquired of all who passed at that time * * *. I was accident clerk there at the time that requisition was put in to see if there was any accident happened at that time * * *. What first called my attention to an accident happening there was that I received a blank when I…

2Cases cited5 opinions

  1. White v. . MillerNew York Court of Appeals · 1877
  2. Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
  3. Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
  4. Goetz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. Rogers v. TrusteesAppellate Division of the Supreme Court of the State of New York · 1896

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