Resnick v. Joline
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Actions by Harris Resnick and by Frank Resnick against Adrian H. Joline and another, as receivers of the New York City Railway Company. From Municipal Court judgments for plaintiff in each case, defendants appeal.
1Opinion of the CourtBischoff, J.
The plaintiff called two disinterested witnesses, ' who testified to the happening of the accident under circumstances, which clearly imported negligence of the car driver as the sole cause. We fail to find that the testimony of these witnesses was in any sense contradictory upon a reasonable construction, and this court would not be justified in directing a new trial upon the theory that the preponderance of evidence was with the defendants, merely because a disinterested witness corroborated the driver and conductor in their account of the accident itself. Neither story was inherently…
2Cases cited4 opinions
- Bruss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Wagner v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Wagner v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Cornell v. Travelers' InsuranceAppellate Division of the Supreme Court of the State of New York · 1901