Griebel v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Burkard Griebel, from a judgment of the Supreme Court in favor of the defendant, entered in the office •of the clerk of the county of Kings on the 14th day of November, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the lYth day of October, 1902, denying the plaintiff’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 10th day of November, 1902,…
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Appeal by the plaintiff, Burkard Griebel, from a judgment of the Supreme Court in favor of the defendant, entered in the office •of the clerk of the county of Kings on the 14th day of November, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the lYth day of October, 1902, denying the plaintiff’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 10th day of November, 1902, denying the plaintiff’s motion to set aside the verdict and for a new trial.
1Opinion of the Court
Willard Bartlett, J.:
This is an action to recover'damages for injuries alleged to have been sustained through the negligence of the defendant corporation in allowing a hole or depression to exist upon or near its roadbed in a part of a public street which it was bound to keep in repair. The plaintiff alleged that while driving a wagon along the street at this point the hole or depression caused the vehicle suddenly to lurch forward so that he was thrown off and injured to such an extent that the amputation of his right leg became necessary. The case has been tried four times. The plaintiff…
2Cases cited1 opinion
- Griebel v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
- Great American Indemnity Co. v. DabneyCourt of Appeals of Texas · 1939
- Espenlaub v. StateIndiana Supreme Court · 1936