Hyperlawhypertext legal database Morrison v. Metropolitan Telephone & Telegraph Co. 26 N.Y.S. 1121

← Cases

Morrison v. Metropolitan Telephone & Telegraph Co.

26 N.Y.S. 1121 Court N.Y. Gen. Term Decision date 1893-12-01 English

Delivered by DYKMAN, J.

Contents

Majority

p. 1121
MORRISON, Respondent, v. METROPOLITAN TEL. & TEL. CO., Appellant.
(Supreme Court, General Term, Second Department.
December 1, 1893.)

Headnote

Action by Lucy S. Morrison against the Metropolitan Telephone & Telegraph Company.
Burton N. Harrison, for appellant.
Thomas E. Pearsall, for respondent.

This is an appeal from a judgment against the defendant, entered upon a verdict in favor of the plaintiff, and from an order denying a motion for a new trial upon the minutes of the court. The case has been here before upon an appeal by the plaintiff from a judgment dismissing her complaint, and we then expressed our views of the case, and decided that the dismissal of the complaint was erroneous, and that the case was one for the jury. There has now been a new trial, and a verdict for the plaintiff. Our views were fully expressed in the former opinion, ( 69 Hun, 100 , 23 N. Y. Supp. 257 ,) and require no. further elaboration at this time. The case of the plaintiff was somewhat strengthened upon the second trial, and the verdict meets our approbation. The judgment and order should be affirmed, with costs.