Muessman v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of February, 1902, upon the verdict of á jury for $30,000, and also from an order entered in said clerk’s office on the 12tli day of March, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff in this action was run over by one of the defendant’s cars, sustaining injuries which resulted in the amputation of both legs, and for that injury has been awarded a verdict of $30,000. As we think there is an exception that requires us to reverse this judgment, it is not necessary to determine whether upon all the evidence the finding that the defendant was guilty of negligence and that the plaintiff was free from contributory negligence was sustained.
There was presented upon the trial a sharp conflict between the witnesses as to the position of the car at the time…
2Cited by2 opinions
- Cushing v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Kaplan v. ShapiroNew York Supreme Court · 1907