Seaman v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Seaman v. Metropolitan Street Railway Co.

28 Misc. 769, 58 N.Y.S. 1053

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1899

StatusPublished

This text of 28 Misc. 769 (Seaman v. Metropolitan Street 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

Seaman v. Metropolitan Street Railway Co., 28 Misc. 769, 58 N.Y.S. 1053 (N.Y. Ct. App. 1899).

Pincite

Opinion

MacLean, J.

In this action, brought to recover damages for injuries to a coach which was struck by a car of the defendant, the plaintiff’s driver testified to circumstances from which, if his testimony was believed, freedom of contributory negligence on the part of the plaintiff’s servant, and of negligence on the part of the defendant’s motorman might be found by the jury, despite the contradictory statements made by defendant’s motorman. The judgment entered upon the verdict of the jury should not be disturbed.

Freedman, P. J., concurs; Leventritt, J., taking no part.

Judgment affirmed, with costs.

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MacLean, J.

In this action, brought to recover damages for injuries to a coach which was struck by a car of the defendant, the plaintiff’s driver testified to circumstances from which, if his testimony was believed, freedom of contributory negligence on the part of the plaintiff’s servant, and of negligence on the part of the defendant’s motorman might be found by the jury, despite the contradictory statements made by defendant’s motorman. The judgment entered upon the verdict of the jury should not be disturbed.

Freedman, P. J., concurs; Leventritt, J., taking no part.

Judgment affirmed, with costs.

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Bluebook (online)

28 Misc. 769, 58 N.Y.S. 1053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaman-v-metropolitan-street-railway-co-nyappterm-1899.