Burns v. Glens Falls, Sandy Hill & Fort Edward Street Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Glens Falls, Sandy Hill and Fort Edward Street 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 Washington on the 21st day .of May, 1895, upon the verdict of a jury rendered after a trial at the Washington Circuit, .and also from an order .entered in said clerk’s office, on the 16th day Of May, 1895, denying the defendant’s motion for a new tidal niade upon the…
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Appeal by the defendant, The Glens Falls, Sandy Hill and Fort Edward Street 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 Washington on the 21st day .of May, 1895, upon the verdict of a jury rendered after a trial at the Washington Circuit, .and also from an order .entered in said clerk’s office, on the 16th day Of May, 1895, denying the defendant’s motion for a new tidal niade upon the minutes.
1Opinion of the Court
Parker, P. J.:
This case was sent to the jury upon the question of fact whether the conductor used unnecessary violence, or inflicted unnecessary indignity upon the plaintiff while ejecting him from the ear. On that question the jury have found for the plaintiff, and the defendant asks for a new trial on the ground that such verdict was not sustained by the evidence, and also for alleged error in the charge, of the court.
Although the conductor testified that the car stopped and plaintiff was put off at a point something over 500 feet from where plaintiff’s witnesses Yarter and Young stood, yet…
2Cases cited6 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Hoffman v. . N.Y. Cent. Hud. Riv. R.R. Co.New York Court of Appeals · 1881
- Meehan v. MorewoodNew York Supreme Court · 1889
- Thompson v. VroomanNew York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gulf, C. & S. F. Ry. Co. v. CobbCourt of Appeals of Texas · 1931
- Grand Rapids & Indiana Railway Co. v. KingIndiana Court of Appeals · 1908
- Grimes v. YoungAppellate Division of the Supreme Court of the State of New York · 1900
- Chicago, Rock Island & Pacific Railway Co. v. KerrNebraska Supreme Court · 1905
- Reed v. New York & Richmond Gas Co.Appellate Division of the Supreme Court of the State of New York · 1904
4 more not listed; retrieve them via the Exa API.