Legal Opinion

Dilluvio v. City of New York

New York Supreme Court

Decided July 15, 1911PublishedCited by 3 opinions

Motion to set aside a verdict in plaintiff’s favor and for a new trial.

1Opinion of the CourtStapleton, J.

The plaintiff recovered a verdict against both defendants. The defendants moved to set aside the verdict and for a new trial under section 999 of the Code of Civil Procedure, upon exceptions and because the verdict was excessive and otherwise contrary to the evidence and contrary to law. The verdict should stand as against the defendant New York and Queens County Railway Company. The only question raised upon motion by the defendant the city of New York, which compels more considerate attention, is that it is, in no event, liable, and that the motion on its part for a nonsuit should have been…

2Cases cited5 opinions

  1. Salt Lake City v. HollisterSupreme Court of the United States · 1886
  2. Smith v. . City of RochesterNew York Court of Appeals · 1879
  3. The Mayor, C. of Albany v. . CunliffNew York Court of Appeals · 1849
  4. Cooper v. Mayor of AthensSupreme Court of Georgia · 1875
  5. Tilford v. MayorAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Hyre v. BrownWest Virginia Supreme Court · 1926
  2. City of New York v. Brooklyn City RailroadNew York Supreme Court · 1921
  3. City of New York v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1921

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