Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Eliza M. Kellegher against the Forty-Second Street, Manhattanville & St. Nicholas Avenue Railroad 'Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
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Appeal from trial term, New York county. Action by Eliza M. Kellegher against the Forty-Second Street, Manhattanville & St. Nicholas Avenue Railroad 'Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The plaintiff alleges that while attempting to board one of defendant’s north-bound open horse cars on Amsterdam avenue at Seventy-Ninth street, on Sunday afternoon, April 25, 1897, she was thrown to tlie ground and injured by the negligent starting of the car. Her testimony is that, she and her companion, Delia Healy, intended to get on the car, which…
1Opinion of the CourtO’Brien, J.
Two questions are principally urged upon our attention upon this appeal; the first relating to the weight of evidence, and the second to an error claimed to have been committed by the *769learned trial judge in his charge to the jury. Although it here appears that the number of witnesses produced by the defendant exceeds those of the plaintiff, that is not necessarily a controlling factor in determining the preponderance of evidence. The appearance, the manner of testifying, the attitude of a.witness,—whelher friendly or unfriendly,—as well as the point of view from which he saw the accident,…
2Cases cited2 opinions
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Morrissey v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903