Dickson v. Broadway & Seventh Avenue Railroad
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Row York, reversing judgment and order denying motion for new trial and granting a new trial. The action was brought by Delia Dickson to recover for personal injuries alleged to have been sustained by her by reason of defendant’s negligence, and was tried in the Superior Court, of the city of Flew York, at the May term, 1870. The trial resulted in a verdict of $3,000 in favor of the plaintiff.
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Appeal from order of the General Term of the Superior Court of the city of Row York, reversing judgment and order denying motion for new trial and granting a new trial. The action was brought by Delia Dickson to recover for personal injuries alleged to have been sustained by her by reason of defendant’s negligence, and was tried in the Superior Court, of the city of Flew York, at the May term, 1870. The trial resulted in a verdict of $3,000 in favor of the plaintiff. Motion for new trial was made and denied, and judgment was entered on the verdict May 27th, 1870. The defendant appealed to the…
1Opinion of the CourtAllen, J.
This is another of the cases in which the plaintiff has by stipulating that, upon an affirmance by this court of the order granting a new trial, judgment absolute shall go against him, incurred the peril of an adverse decision upon any one of several exceptions, none of which or all together present questions, which decided adversely to him would be necessarily fatal to the action, rather than avail himself of a second trial upon which every objection now taken and made to a recovery might be obviated. When a new trial has been granted in an action tried by a jury upon a record presenting…
2Cases cited5 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- Sanford v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1861
- Sands v. . CrookeNew York Court of Appeals · 1871
- Young v. . DavisNew York Court of Appeals · 1864
- East River Bank v. KennedyNew York Court of Appeals · 1868
3Cited by2 opinions
- Unger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1873
- Hastings v. ClafflinNew York Supreme Court · 1891