Retter v. Olean Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Olean Street Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 18th day of June, 1909, upon the verdict of a jury for $1,875, and also from an order entered in said clerk’s office on the 29th day of June, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
This case comes here on appeal for the second time. The plaintiff, a passenger on the defendant’s car, claims to have been hurt in a derailment of the car. The jury rendered a verdict in his favor on the first trial, and upon appeal it was set aside and a new trial ordered, upon the ground that the finding of the jury that the plaintiff was hurt at the time of the derailment was against the weight of the evidence. (127 App. Div. 947.) Another verdict was rendered in his favor on the second trial, under- a charge that the only question of fact in the case was one of damages, the…
2Cases cited3 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Van Inwegen v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Van Inwegen v. . Erie Railroad CompanyNew York Court of Appeals · 1909