Reisenberg v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

Reisenberg v. New York City Railway Co.

91 N.Y.S. 4

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 7, 1904

StatusPublished

This text of 91 N.Y.S. 4 (Reisenberg v. New York City Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reisenberg v. New York City Railway Co., 91 N.Y.S. 4 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER CURIAM.

A wagon belonging to the plaintiffs sustained injuries from coming in collision with one of the cars of the defendant company. The plaintiffs brought this action, and alleged that the collision was due to the defendant’s negligence. Upon a trial without a jury, the trial justice awarded plaintiffs $125 damages. The judgment herein -against the defendant, with costs, is $142. The defendant appeals.

The judgment is challenged upon one ground only, viz., the insufficiency of the evidence on the question of damages. It is the claim of the appellant that there was no competent testimony before the court upon which to base an estimate of damage. The defendant called no witnesses on the question of damages. One Schildw'achter, in the business of repairing wagons for many years, put the wagon in order about five 'months prior to the accident, and he testified that at that time it was worth $200, that he examined it carefully after the accident, and that it would cost $200 to. repair it. The plaintiffs’ driver testified that the wagon was in good condition before the accident. We think the evidence is sufficient to support the judgment.

Judgment is affirmed, with costs to the respondents.

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

PER CURIAM.

A wagon belonging to the plaintiffs sustained injuries from coming in collision with one of the cars of the defendant company. The plaintiffs brought this action, and alleged that the collision was due to the defendant’s negligence. Upon a trial without a jury, the trial justice awarded plaintiffs $125 damages. The judgment herein -against the defendant, with costs, is $142. The defendant appeals.

The judgment is challenged upon one ground only, viz., the insufficiency of the evidence on the question of damages. It is the claim of the appellant that there was no competent testimony before the court upon which to base an estimate of damage. The defendant called no witnesses on the question of damages. One Schildw'achter, in the business of repairing wagons for many years, put the wagon in order about five 'months prior to the accident, and he testified that at that time it was worth $200, that he examined it carefully after the accident, and that it would cost $200 to. repair it. The plaintiffs’ driver testified that the wagon was in good condition before the accident. We think the evidence is sufficient to support the judgment.

Judgment is affirmed, with costs to the respondents.

Cite This Page — Counsel Stack

Bluebook (online)

91 N.Y.S. 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reisenberg-v-new-york-city-railway-co-nyappterm-1904.