McCann v. New York & Queens County Railway Co.

Appellate Division of the Supreme Court of New York

McCann v. New York & Queens County Railway Co.

72 N.Y.S. 1117

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

DecidedNovember 8, 1901

StatusPublished

This text of 72 N.Y.S. 1117 (McCann v. New York & Queens County Railway 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

McCann v. New York & Queens County Railway Co., 72 N.Y.S. 1117 (N.Y. Ct. App. 1901).

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Opinion

VAN BRUNT, P. J.

We do not think it necessary to write any further opinion upon the facts of this case. We think that the verdict was against the evidence upon the points of the defendant’s negligence and the contributory negligence of the deceased, and also that the damages were excessive. For these reasons the judgment and order should be reversed, and a new trial ordered, with costs to the appellant to abide the event.

INGRAHAM and LAUGHLIN, JJ., concur. PATTERSON, J., dissents.

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VAN BRUNT, P. J.

We do not think it necessary to write any further opinion upon the facts of this case. We think that the verdict was against the evidence upon the points of the defendant’s negligence and the contributory negligence of the deceased, and also that the damages were excessive. For these reasons the judgment and order should be reversed, and a new trial ordered, with costs to the appellant to abide the event.

INGRAHAM and LAUGHLIN, JJ., concur. PATTERSON, J., dissents.

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Bluebook (online)

72 N.Y.S. 1117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccann-v-new-york-queens-county-railway-co-nyappdiv-1901.