Hackett v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Hackett v. Metropolitan Street Railway Co.

29 Misc. 745, 60 N.Y.S. 1139

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 15, 1899

StatusPublished

This text of 29 Misc. 745 (Hackett v. Metropolitan 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

Hackett v. Metropolitan Street Railway Co., 29 Misc. 745, 60 N.Y.S. 1139 (N.Y. Ct. App. 1899).

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Opinion

Freedman, P. J.

An examination of the record in this case discloses a conflict of evidence, and the jury, by their verdict, adopted the view claimed by the plaintiff on the trial.

Under the facts and circumstances shown by the testimony, it was the duty of the court to submit the questions of the freedom from contributory negligence on the part of the plaintiff, and the negligence of the defendant to the jury, and there was sufficient evidence upon both branches of the case to authorize the finding made by them.

MacLean, J., concurs; Leatentritt, J., taking no part.

Judgment affirmed, with costs to respondent.

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Freedman, P. J.

An examination of the record in this case discloses a conflict of evidence, and the jury, by their verdict, adopted the view claimed by the plaintiff on the trial.

Under the facts and circumstances shown by the testimony, it was the duty of the court to submit the questions of the freedom from contributory negligence on the part of the plaintiff, and the negligence of the defendant to the jury, and there was sufficient evidence upon both branches of the case to authorize the finding made by them.

MacLean, J., concurs; Leatentritt, J., taking no part.

Judgment affirmed, with costs to respondent.

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Bluebook (online)

29 Misc. 745, 60 N.Y.S. 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hackett-v-metropolitan-street-railway-co-nyappterm-1899.