Fitzpatrick v. Interurban Street Railway Co.

Appellate Terms of the Supreme Court of New York

Fitzpatrick v. Interurban Street Railway Co.

89 N.Y.S. 1104

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 23, 1904

StatusPublished

This text of 89 N.Y.S. 1104 (Fitzpatrick v. Interurban Street Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitzpatrick v. Interurban Street Railway Co., 89 N.Y.S. 1104 (N.Y. Ct. App. 1904).

Pincite

Opinion

FREEDMAN, P. J.

The pivotal question in this case was whether the starting of the car, which was the cause of the injuries received by the plaintiff, was the act of the conductor, or that of some unauthorized person, a passenger upon the car at the time the accident occurred. Upon this question the weight of evidence seems to be in favor of the defendant. A new trial may bring out the facts relative thereto more clearly, and the interests of justice require such a disposition of the case. Judgment reversed, and new trial ordered, with costs to abide the event. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

FREEDMAN, P. J.

The pivotal question in this case was whether the starting of the car, which was the cause of the injuries received by the plaintiff, was the act of the conductor, or that of some unauthorized person, a passenger upon the car at the time the accident occurred. Upon this question the weight of evidence seems to be in favor of the defendant. A new trial may bring out the facts relative thereto more clearly, and the interests of justice require such a disposition of the case. Judgment reversed, and new trial ordered, with costs to abide the event. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

89 N.Y.S. 1104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-v-interurban-street-railway-co-nyappterm-1904.