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Gonzalez v. Hudson Manhattan Railroad Company

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1952
279 App. Div. 853 (N.Y. App. Div. 1952)

Opinion

February 13, 1952.

Appeal from Supreme Court, New York County.


On a prior trial, a jury verdict for plaintiff was set aside as against the weight of the evidence. On this trial, a majority of the jury gave plaintiff a grossly excessive verdict which on plaintiff's stipulation has been reduced by more than half. On this record, plaintiff failed to establish actionable negligence on defendant's part causing or contributing to cause the claimed injuries, and the court should have directed a verdict in defendant's favor.

The judgment appealed from should be reversed, with costs to defendant-appellant, and the complaint dismissed, with costs.

Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ., concur.

Judgment unanimously reversed, with costs to the appellant, and judgment is directed to be entered dismissing the complaint herein, with costs. Settle order on notice.


Summaries of

Gonzalez v. Hudson Manhattan Railroad Company

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1952
279 App. Div. 853 (N.Y. App. Div. 1952)
Case details for

Gonzalez v. Hudson Manhattan Railroad Company

Case Details

Full title:ANNA GONZALEZ, Respondent, v. HUDSON MANHATTAN RAILROAD COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 13, 1952

Citations

279 App. Div. 853 (N.Y. App. Div. 1952)