Whitfield v. Broadway & Seventh Avenue Railroad
New York Court of Common Pleas
Appeal from city court, general term. Action by Lizzie Whitfield against the Broadway & Seventh Avenue Bail-road Company for personal injuries sustained by reason of defendant’s negligence. A judgment entered upon a verdict against defendant was affirmed by the general term of the city court. Defendant again appeals. Code Civil Proc.
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Appeal from city court, general term. Action by Lizzie Whitfield against the Broadway & Seventh Avenue Bail-road Company for personal injuries sustained by reason of defendant’s negligence. A judgment entered upon a verdict against defendant was affirmed by the general term of the city court. Defendant again appeals. Code Civil Proc. B. Y. § 3191, provides that “an appeal may be taken to the court of common pleas for the city and county of Bew York from an actual determination made by the marine court of the city of Bew York, at a general term thereof, in either of the following cases: (1)…
1Opinion of the CourtBisohoff, J.
The appeal herein is from an order of the general term of the city court of New York, affirming a judgment of that court, and not from the judgment of affirmance. Such an order is not appealable. Mehl v. Vonderwulbeke, 46 N. Y. 539; Ferris v. Aspinwall, 10 Abb. Pr. (N. S.) 137; Bank v. Vail, 15 N. Y. 593. Section 3191 of the Code of Civil Procedure, which regulates appeals from the general term of the city court to this court, and upon the provisions of which the jurisdiction of this court to review the proceedings of the city court depends, does not change the general practice. The actual…
2Cases cited4 opinions
- Elwell v. . JohnsonNew York Court of Appeals · 1878
- The Hollister Bank of Buffalo v. . VailNew York Court of Appeals · 1857
- Clarke v. GoodridgeNew York Court of Appeals · 1869
- Mehl v. . VonderwulbekeNew York Court of Appeals · 1871
3Cited by6 opinions
- Dierig v. CallahanAppellate Terms of the Supreme Court of New York · 1901
- Fuller v. TuskaNew York Court of Common Pleas · 1892
- Blake v. BolteNew York Court of Common Pleas · 1895
- Central Gas & Electric Fixture Co. v. KohnNew York Court of Common Pleas · 1893
- Gregory v. FichtnerNew York Court of Common Pleas · 1891
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