Ludeman v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Amelia Ludeman, as administratrix, etc., of William H. Ludeman, deceased, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the lltli day of January, 1898, setting aside the verdict of a jury in favor of the plaintiff rendered after a trial at the New York Trial Term and granting a new trial.
1Opinion of the Court
Patterson, J.:
By the order appealed from in this cause the verdict of a jury in favor of the plaintiff was set aside by the trial judge and a new trial ordered, on the ground that such verdict ivas against the weight of evidence. The action was brought to recover damages sustained by the next of kin of William II. Ludeman, it being charged that his death occurred through the negligence of the defendant. The record discloses that the principal question of fact involved related to the one circumstance, of the car from which the plaintiff’s intestate stepped, or was thrown, having come to a stop…
2Cases cited1 opinion
- Williams v. Delaware, L. & W. RailroadNew York Supreme Court · 1895
3Cited by9 opinions
- Perham v. CottleNew York Supreme Court · 1916
- Larkin v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Ludeman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Devonshire v. Stubbs, New York County Courts1930
- Gordon v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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