Trautmann v. International Railway Co.

Appellate Division of the Supreme Court of New York

Trautmann v. International Railway Co.

164 A.D. 970, 149 N.Y.S. 1115

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

DecidedOctober 15, 1914

StatusPublished

This text of 164 A.D. 970 (Trautmann v. International 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

Trautmann v. International Railway Co., 164 A.D. 970, 149 N.Y.S. 1115 (N.Y. Ct. App. 1914).

Pincite

Opinion

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, (1) that the verdict of the jury is against the weight of the evidence on the question of defendant’s negligence; (2) that in view of the law of the case as charged by the court, it was error to refuse to charge as requested, “that the motorman cannot be found guilty of negligence in increasing the speed of the car unless he knew, or should have known, that the plaintiff was in a position of danger.” All concurred.

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Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, (1) that the verdict of the jury is against the weight of the evidence on the question of defendant’s negligence; (2) that in view of the law of the case as charged by the court, it was error to refuse to charge as requested, “that the motorman cannot be found guilty of negligence in increasing the speed of the car unless he knew, or should have known, that the plaintiff was in a position of danger.” All concurred.

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Bluebook (online)

164 A.D. 970, 149 N.Y.S. 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trautmann-v-international-railway-co-nyappdiv-1914.