Legal Opinion
Bingham v. Joline
Appellate Terms of the Supreme Court of New York
Decided January 8, 1909Published
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by George F. Bingham against Adrian H. Joline and another, as receivers of the New York City Railway Company. Judgment for plaintiff, and defendants appeal. Reversed, and new trial ordered.
1Opinion of the CourtGildersleeve, P. J.
The action is for damages to plaintiff’s wagon by reason of a collision with one of defendant’s cars. There is a conflict of proof as to the precise circumstances under which the accident occurred. The learned trial justice,- after stating generally the rules of law bearing upon questions of negligence as applicable to the case, charged the jury as follows:
“If you find that the version which was given by plaintiff and the witnesses in his behalf, whom you have heard, is the true one, I charge you that he has sustained both of the propositions that I have laid down to you, namely, that there…
2Cases cited3 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Fiori v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Schechwitz v. New York City Ry. Co.Appellate Terms of the Supreme Court of New York · 1907