Schwarzbaum v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Jennie Schwarzbaum, as1 administratrix^ etc., of Moritz Schwarzbaum, deceased, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction, of the court after a trial at the New York Trial Term.
1Opinion of the Court
O’Brien, J.:
Upon a prior appeal (54 App. Div. 164) a judgment entered on the dismissal of the complaint was reversed and a new trial ordered, and it was held that from the evidence it could not be said as matter of law that the intestate was guilty of contributory negligence. The only- question, therefore, upon this appeal is whether *275upon the evidence presented at the new trial the learned trial judge was right in his view that the intestate was, as matter of law, guilty of contributory negligence. We say that is the only question because we do not understand that, either upon the former or…
2Cases cited3 opinions
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Schwarzbaum v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Biederman v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Marchal v. Indianapolis Street Railway Co.Indiana Court of Appeals · 1901
- Little v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903