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Lauck v. Metropolitan Street Railway Co.

LAUCK v. METROPOLITAN ST. RY. CO.

Lauck v. Metro. St. Ry. Co., 76 N.Y.S. 977 (1902)
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Court
City of New York Municipal Court · State Trial Courts
Decided
February 15, 1902
Judges
Conlan
Citations
76 N.Y.S. 977
Disposition
Affirmed.
Headnotes
Appeal—Conflicting Evidence. A judgment for plaintiff in an action for personal injuries will not be disturbed on appeal where the evidence was conflicting, and no objections made to the charge.
Summary
Appeal from trial term. Action by Katherina Lauck against the Metropolitan Street Railway Company. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Conlan

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CONLAN, J.

The action was brought to recover for injuries alleged to have been inflicted by the negligence of the defendant, and the result of this appeal may very well rest upon the submission of the case to the jury, and the verdict rendered in consequence thereof. The evidence was in conflict as to- how the injury was caused, but the charge to the jury was so eminently fair to both sides that neither was heard to complain. It is a remarkable incident in connection with the submission to the jury that questions vital to the issue were asked by certain of the jurors, and were so answered by the trial justice as to be entirely free from objection or exception by either party to the action; and the court charged the certain requests substantially as requested by both counsel. Under all of the circumstances, therefore, we do not think that the conclusion reached below should be disturbed on appeal. Judgment and order appealed from affirmed, with costs.

Judgment and order affirmed, with costs. All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1918: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. Welch v. McCoy167 N.W. 159 (S.D. 1918)

Most recent

  1. Welch v. McCoy167 N.W. 159 (S.D. 1918)

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