Colt v. Sixth-Avenue Railroad
The Superior Court of New York City
This action was to recover damages for injuries sustained "by the plaintiff, through the alleged negligence of the defendants’ servants. The facts will sufficiently appear in the opinion of the court. The action was tried before Mr. Justice Joses and a jury. A motion was made at the close of the evidence to nonsuit the plaintiff, which was denied. The case was submitted to the jury under the charge of the judge, and a verdict was rendered for the plaintiff.
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This action was to recover damages for injuries sustained "by the plaintiff, through the alleged negligence of the defendants’ servants. The facts will sufficiently appear in the opinion of the court. The action was tried before Mr. Justice Joses and a jury. A motion was made at the close of the evidence to nonsuit the plaintiff, which was denied. The case was submitted to the jury under the charge of the judge, and a verdict was rendered for the plaintiff. A motion for a new trial was made and denied. The defendants appealed.
1Opinion of the Court
By the Court.—Monell, J.
We are asked to set aside the verdict of the jury in this case, as being agaihst the clear weight ox the evidence, and the duty, therefore, devolves upon us, of carefully examining and considering all- the testimony that was given upon the trial.
The learned justice before whom the trial was had, evidently considered it a case, which it was his duty to submit to the jury. He not only denied a motion of the defendants, to nonsuit the plaintiff, upon the whole of the evidence, but he submitted," with great care, the questions of fact to the jury, under lucid instructiqns;…
2Cited by1 opinion
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