Baum v. New York & Queens County Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Queens County Railway Company, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 28th day of November, 1906, upon the verdict of a jury for $1,000, and also from an order-entered in said clerk’s office on the 26th day of November, 1906, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the New York and Queens County Railway Company, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 28th day of November, 1906, upon the verdict of a jury for $1,000, and also from an order-entered in said clerk’s office on the 26th day of November, 1906, denying the defendant’s motion for a new trial made upon the minutes. The County Judge charged as follows: “In this character of action where something happens in a trolley car, which is unusual, as happened in this car on…
1Opinion of the Court
Gaynor, J.:
Of course the rule is that the burden of proof was on the plaintiff, and that at the close her case had to be made out by a preponderance of the evidence in her favor over the evidence in favor of the defendant in order that she might be entitled to a verdict. But the learned county Judge was not charging this rule, or in respect of it. He was only charging the general rules of evidence which governed the course and stages of the trial, which he had to do. The two things are entirely distinct. What he said was in substance that the evidence that the trap door in the floor of the…
2Cases cited2 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Williams v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Spinneweber v. EveryAppellate Division of the Supreme Court of the State of New York · 1919