Legal Opinion

Quinlan v. Richmond Light & Railroad

Appellate Division of the Supreme Court of the State of New York

Decided June 11, 1909PublishedCited by 1 opinion

Appeal by the defendant, the Richmond'Light and 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 Richmond on the 7 th day of January,.1909, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the same day, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Rich, J. :

The plaintiff was struck by one of defendant’s cars and so seriously injured that it became necessary to amputate his right foot. The verdict of $3,000 was not excessive, but the learned counsel for the appellant contends that it is against the weight of evidence; that the plaintiff was shown guilty of contributory negligence as matter of law, and that the court erred in its refusal to grant a non-suit. The denial of the motion for a nonsuit was not error. Even had the plaintiff been an adult the motion could not have been granted. Before attempting to cross the street, which was…

2Cases cited1 opinion

  1. Gerber v. BoorsteinAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by1 opinion

  1. Wecker v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910

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