O'Hara v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Brooklyn Heights Railroad Company, from an order of the County Oourt of Kings county, entered in the office of the clerk of the county of Kings on the 13th day of April, 1904, denying the said defendant’s motion for a new trial made upon the ground of newly-discovered evidence.
1Opinion of the Court
Woodward, J.:
This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant, and has resulted in a verdict in favor of the plaintiff for $2,000. The motion for a new trial was made upon the minutes, and upon the affidavits of Francis R. Stoddard, Jr., Mary Smith, Mary Adams, Elizabeth Van Houten, Margaret Bradley, Theresa Westburgh, Wilhelm Schmidt, Gideon D. Hobart, M. D., Joseph Sehweinfest, Perley M. Codington, L. Orlinger, Mary Galligan and Isaac P. Smith, and these affidavits tend to show that the…
2Cases cited3 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Vollkommer v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Kring v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Black Star Line, Inc. v. Baltica InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
- Heintze v. GrahamAppellate Terms of the Supreme Court of New York · 1909
- People v. . ShilitanoNew York Court of Appeals · 1916
- Travitzky v. SchamrothAppellate Division of the Supreme Court of the State of New York · 1950