Kelly v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of New York and another, 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 9th day of March, 1908, upon the verdict of a jury for $1,500, and also from separate orders entered in said clerk’s office on the 9th and 11 tli days of March, 1908, respectively, denying the defendants’ motions for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment in favor of the plaintiff in an action for negligence. The appellants contend, first, that there was no proof of negligence sufficient to warrant a recovery, and, second, that there was no proof of plaintiff’s freedom from contributory negligence, and an alleged error of the trial justice in refusing to charge a request.
There was sufficient evidence to warrant the court in submitting to the jury the question of negligence of both the defendants. The case at bar is not within the rule declared in Butler v. Village of Oxford (186 N. Y. 444); Hamilton v.…
2Cases cited2 opinions
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
- Corr v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907