Ohlenschlager v. South Buffalo Railway Co.

Appellate Division of the Supreme Court of New York

Ohlenschlager v. South Buffalo Railway Co.

285 A.D. 846, 136 N.Y.S.2d 710

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

DecidedJanuary 5, 1955

StatusPublished

This text of 285 A.D. 846 (Ohlenschlager v. South Buffalo 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

Ohlenschlager v. South Buffalo Railway Co., 285 A.D. 846, 136 N.Y.S.2d 710 (N.Y. Ct. App. 1955).

Pincite

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $45,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of these appeals to any party, on the ground that the verdict of the jury is excessive. Judgment insofar as it dismissed the complaint as to defendants Young and others, affirmed, with[847]*847out costs. All concur. (Appeal from a judgment for plaintiff and against defendant South Buffalo Railway Company, in an automobile-railroad negligence action; also appeal by plaintiff from the same judgment insofar as it dismissed the complaint as to defendants Young et al. The order denied a motion for a directed verdict, dismissal, and for a new trial.) Present — McCurn, P. J., Vaughan, Piper, Wheeler and Van Duser, JJ. [See post, p. 999.]

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Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $45,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of these appeals to any party, on the ground that the verdict of the jury is excessive. Judgment insofar as it dismissed the complaint as to defendants Young and others, affirmed, with[847]*847out costs. All concur. (Appeal from a judgment for plaintiff and against defendant South Buffalo Railway Company, in an automobile-railroad negligence action; also appeal by plaintiff from the same judgment insofar as it dismissed the complaint as to defendants Young et al. The order denied a motion for a directed verdict, dismissal, and for a new trial.) Present — McCurn, P. J., Vaughan, Piper, Wheeler and Van Duser, JJ. [See post, p. 999.]

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Bluebook (online)

285 A.D. 846, 136 N.Y.S.2d 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohlenschlager-v-south-buffalo-railway-co-nyappdiv-1955.