Phelan v. New York, New Haven & Hartford Railroad

Appellate Division of the Supreme Court of New York

Phelan v. New York, New Haven & Hartford Railroad

158 A.D. 911, 143 N.Y.S. 545

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

DecidedSeptember 15, 1913

StatusPublished

This text of 158 A.D. 911 (Phelan v. New York, New Haven & Hartford Railroad) 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

Phelan v. New York, New Haven & Hartford Railroad, 158 A.D. 911, 143 N.Y.S. 545 (N.Y. Ct. App. 1913).

Pincite

Opinion

Per Curiam:

While we look upon this case as a close one, both upon the law and the facts, we think that the question of the defendant’s negligence cannot be disposed of as one of law. Hor do we think that, considering the sharp conflict of evidence, and the serious questions of credibility which arose upon the trial, we should be justified in setting aside the verdict of the jury as against the weight of evidence. The judgment and order should be affirmed, with costs. Present — Jenks, P. J., Burr, Carr, Rich and Putnam, JJ. Judgment and order unanimously affirmed, with costs.

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Per Curiam:

While we look upon this case as a close one, both upon the law and the facts, we think that the question of the defendant’s negligence cannot be disposed of as one of law. Hor do we think that, considering the sharp conflict of evidence, and the serious questions of credibility which arose upon the trial, we should be justified in setting aside the verdict of the jury as against the weight of evidence. The judgment and order should be affirmed, with costs. Present — Jenks, P. J., Burr, Carr, Rich and Putnam, JJ. Judgment and order unanimously affirmed, with costs.

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Bluebook (online)

158 A.D. 911, 143 N.Y.S. 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelan-v-new-york-new-haven-hartford-railroad-nyappdiv-1913.