Hyperlawhypertext legal database Lange v. Manhattan Railway Co. 61 N.Y. Super. Ct. 455

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Lange v. Manhattan Railway Co.

61 N.Y. Super. Ct. 455 29 Jones & S. 455 Court N.Y. Super. Ct. Decision date 1892-07-05 English

Delivered by The Court (Dugro, J., writing, Gildersleeve, J., concurring)

Contents

Majority

p. 455
LOUISE LANGE, Respondent v. THE MANHATTAN RAILWAY COMPANY, et al., Appellants.

Headnote

Trial—Defendants should not be allowed to prove their defence on the cross-examination of plaintiff before plaintiff rests.
Before Dugro and Gildersleeve, JJ.
Decided July 5, 1892.
Appeal by defendants from judgment entered upon verdict in plaintiff’s favor and from an order denying motion for a new trial. The action was brought to
p. 456
recover damages to the use of plaintiff’s premises caused by the maintenance and operation of defendants’ elevated railroad in sixth avenue in front thereof.
Davies, Short & Townsend, for appellants.
Byram L. Winters, attorney, and Edward S. Clinch of counsel, for respondent.

affirmed the judgment and order, with costs.