Neudoerffer v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of March, 1896, upon .the verdict of a jury rendered after la trial at a Trial Term of the Supreme Court held in and for the county of Kings, and • also from an order entered: in said clerk’s office on the 26th day . of March, 1896, denying the defendant’s motion for a new…
Read the full summary
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of March, 1896, upon .the verdict of a jury rendered after la trial at a Trial Term of the Supreme Court held in and for the county of Kings, and • also from an order entered: in said clerk’s office on the 26th day . of March, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries resulting from the negligence…
1Per curiam
■ The only points made upon this appeal are that the evidénce failed to show any negligence on the part of the defendant, on the one hand, and demonstrated the contributory negligence of the plaintiff, on.tlie other. After a careful reading of. the record, we are satisfied that there was enough to go’ to the jury on both questions. There is no suggestion that the verdict was excessive.
The case of McQuade v. Metropolitan Street Railway Co. (17 Misc. Rep. 154; S. C., N. Y. L. J., May 29, 1896, vol. XY, p. 631), cited in behalf of the appellant, was so different from the present case in its…
2Cases cited2 opinions
- Davis v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- McQuade v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- Peck v. Oregon Short Line RailroadUtah Supreme Court · 1902