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

Procedural entryThis page is a short order in McCann v. New York & Queens County Railway Co.. Read the opinion of the Court — 73 A.D. 305 →

Appellate Division of the Supreme Court of the State of New York·Decided November 8, 1901·Published

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.

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

Pincite

72 N.Y.S. 1117 (McCann v. New York & Queens County Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.