Legal Opinion

Hynes v. Metropolitan Street Railway Co.

City of New York Municipal Court

Decided May 15, 1900PublishedCited by 1 opinion

Appeal from a judgment entered upon a verdict in favor of the plaintiff from an order denying a motion for a new trial.

1Opinion of the CourtO’Dwyeb, J.

The plaintiff had a verdict and the only ground upon which the defendant seeks to reverse it is that it is against the weight of evidence. There were two versions of the accident and the jury had the right to consider the probabilities, and it was for them to say, in view of the evidence, which was the true one. The plaintiff, contending that the car had come to a stop and while she was attempting to alight, suddenly starting and throwing her to the ground, and the defendant insisting that she (at the time of the accident, a woman over forty-three years of age) deliberately leaped from the…

2Cases cited2 opinions

  1. Martin v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  2. Sawalsky v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by1 opinion

  1. Heltzen v. Union Railroad CompanySupreme Court of Rhode Island · 1905

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