Manahan v. Steinway & Hunter's Point Railroad

New York Supreme Court

Manahan v. Steinway & Hunter's Point Railroad

8 N.Y.S. 935, 30 N.Y. St. Rep. 362, 1890 N.Y. Misc. LEXIS 1879

DecidedFebruary 12, 1890

StatusPublished

This text of 8 N.Y.S. 935 (Manahan v. Steinway & Hunter's Point Railroad) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manahan v. Steinway & Hunter's Point Railroad, 8 N.Y.S. 935, 30 N.Y. St. Rep. 362, 1890 N.Y. Misc. LEXIS 1879 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Dykman, J.

This is an action for negligence, and involves the usual questions of negligence of the defendant, and contributory negligence of the plaintiff. The serious dispute upon the latter question was whether the plaintiff was injured while attempting to cross the street in front of the car which injured him, or whether he ran along the side of the car from the rear towards the front, and received his injuries at that time. These theories were both submitted to the jury under proper instruction, and the finding must have been in favor of the plaintiff, for he received the verdict. With the facts found by the verdict in favor of the plaintiff, the verdict cannot be disturbed by an appellate tribunal. The judgment and order appealed from should be affirmed, with costs.

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

Dykman, J.

This is an action for negligence, and involves the usual questions of negligence of the defendant, and contributory negligence of the plaintiff. The serious dispute upon the latter question was whether the plaintiff was injured while attempting to cross the street in front of the car which injured him, or whether he ran along the side of the car from the rear towards the front, and received his injuries at that time. These theories were both submitted to the jury under proper instruction, and the finding must have been in favor of the plaintiff, for he received the verdict. With the facts found by the verdict in favor of the plaintiff, the verdict cannot be disturbed by an appellate tribunal. The judgment and order appealed from should be affirmed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

8 N.Y.S. 935, 30 N.Y. St. Rep. 362, 1890 N.Y. Misc. LEXIS 1879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manahan-v-steinway-hunters-point-railroad-nysupct-1890.