Burge v. Westchester Electric Railway Co.

Appellate Division of the Supreme Court of New York

Burge v. Westchester Electric Railway Co.

249 A.D. 843, 294 N.Y.S. 340, 1937 N.Y. App. Div. LEXIS 9962

Appellate Division of the Supreme Court of the State of New York·Decided January 22, 1937·Published

Opinion

In an action by plaintiff to recover damages alleged to have been sustained while he was a passenger on the defendant’s street car, plaintiff had a verdict. Judgment and order reversed on the law and the facts and a new trial ordered in the City Court of Mount Vernon, with costs to appellant to abide the event, on the grounds that the verdict was against the weight of the evidence and that the question of negligence was not clearly submitted to the jury. Lazansky, P. J., Carswell, Davis, Adel and Close, JJ., concur.

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In an action by plaintiff to recover damages alleged to have been sustained while he was a passenger on the defendant’s street car, plaintiff had a verdict. Judgment and order reversed on the law and the facts and a new trial ordered in the City Court of Mount Vernon, with costs to appellant to abide the event, on the grounds that the verdict was against the weight of the evidence and that the question of negligence was not clearly submitted to the jury. Lazansky, P. J., Carswell, Davis, Adel and Close, JJ., concur.

Burge v. Westchester Electric Railway Co., 249 A.D. 843, 294 N.Y.S. 340, 1937 N.Y. App. Div. LEXIS 9962 (N.Y. Ct. App. 1937).

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249 A.D. 843 (Burge v. Westchester Electric Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.