Legal Opinion · Dissent
Bachmann v. Union Railway Co.
Appellate Terms of the Supreme Court of New York
Decided July 7, 1908Published
Appeal from City Court of New York. Action by Emil Bachmann against the Union Railway Company of New York City- From a judgment for plaintiff, and from an order denying defendant’s motion for a new trial, it appeals.
1DissentSeabury, J.
In my opinion this judgment should be affirmed. The testimony of the plaintiff being uncontradicted, and the jury having found a verdict in his favor, we must assume that his testimony is true. He testified, not only that he signaled the conductor, but that after, he did so the conductor—
“nodded to me his head, and after he did that I walked toward the rear door. * * * As I walked toward the rear door, and after I gave this signal as I have described, the car commenced to slow down the speed, and I stepped out to the platform.”
As the car was reducing its speed, and as it approached a street…
2Cases cited2 opinions
- Armstrong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Armstrong v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899