Waldie v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Goodrich, P. J., dissented from the last proposition. Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of January, 1902, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 7th day of February, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff has recovered a judgment for damages resulting from an injury received while alighting from one of the defendant’s cars. The evidence is conflicting upon the question of negligence, *558but it was fairly submitted to the jury. The version of the accident given by the plaintiff is certainly a more reasonable one than that offered in defense, and it cannot be said that the result is against the weight of evidence so as to require or justify a reversal.
The appellant contends, however, that the learned trial court erred in permitting the plaintiff to prove that at the…
2Cases cited4 opinions
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Thomas v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Read v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Blate v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Kronold v. . City of New YorkNew York Court of Appeals · 1906
- Gombert v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
- Gombert v. New York Central & Hudson River RailroadNew York Court of Appeals · 1909