Callahan v. Coney Island & Brooklyn Railroad Co.

Appellate Division of the Supreme Court of New York

Callahan v. Coney Island & Brooklyn Railroad Co.

169 A.D. 965, 153 N.Y.S. 1109

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1915

StatusPublished

This text of 169 A.D. 965 (Callahan v. Coney Island & Brooklyn Railroad Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Callahan v. Coney Island & Brooklyn Railroad Co., 169 A.D. 965, 153 N.Y.S. 1109 (N.Y. Ct. App. 1915).

Pincite

Opinion

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment reversed and new trial granted, costs to abide the event, upon the ground that the evidence given on the trial was such that the jury might have found an absence of reasonable grounds to justify an honest belief of plaintiff’s guilt, and the question whether [966]*966defendant acted with ordinary prudence was for the jury. Jenks, P. J., Thomas and Rich, JJ., concurred; Stapleton, J., dissented.

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The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment reversed and new trial granted, costs to abide the event, upon the ground that the evidence given on the trial was such that the jury might have found an absence of reasonable grounds to justify an honest belief of plaintiff’s guilt, and the question whether [966]*966defendant acted with ordinary prudence was for the jury. Jenks, P. J., Thomas and Rich, JJ., concurred; Stapleton, J., dissented.

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Bluebook (online)

169 A.D. 965, 153 N.Y.S. 1109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callahan-v-coney-island-brooklyn-railroad-co-nyappdiv-1915.