Unger v. Forty-Second Street & Grand Street Ferry Railroad
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order made at Special Term setting aside a verdict in favor of the plaintiff and granting a new trial. This action was to recover damages done to the plaintiff hy a team of horses which had escaped from one of the 'defendant’s cars in the city of New York, and, running away, ran over and seriously injured her. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order made at Special Term setting aside a verdict in favor of the plaintiff and granting a new trial. This action was to recover damages done to the plaintiff hy a team of horses which had escaped from one of the 'defendant’s cars in the city of New York, and, running away, ran over and seriously injured her. The facts appear sufficiently in the opinion. The question of negligence was one to be disposed of by the jury, and the motions for a nonsuit were properly denied. (Ernst v. H. R. R. R.…
1Opinion of the Court
Earl, C.
In this case the jury rendered a verdict for the plaintiff, and the defendant, upon a ease made and settled, moved for a new trial at Special Term, and the motion was granted. It may have been granted upon questions of fact. There is nothing in the record showing that it was not. Hence the proper course for us to pursue is to dismiss the appeal on the ground that it brings nothing before us which we can review, or to affirm the order on the ground that it does not appear that the court erred in granting it. (Dickson v. Broadway and Seventh Ave. R. R. Co., 47 N. Y., 507.)
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2Cases cited2 opinions
- Hegeman v. . the Western Railroad CorporationNew York Court of Appeals · 1855
- Dickson v. Broadway & Seventh Avenue RailroadNew York Court of Appeals · 1872
3Cited by28 opinions
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Hart v. Washington Park ClubIllinois Supreme Court · 1895
- Cogswell v. West Street & North End Electric Railway Co.Washington Supreme Court · 1892
- Pearl v. MacaulayAppellate Division of the Supreme Court of the State of New York · 1896
- Young v. WymanAppellate Division of the Supreme Court of the State of New York · 1990
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