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New York, New York County, New York
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In a third trial, a New York jury awards plaintiff Mr. Flynn $8,500 in damages against the New York Elevated Railway Company for injuries sustained when he fell from a truck due to road obstructions left by the railroad. The company plans to appeal the ruling.
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The Jury Again Side With Mr. Flynn In his Suit Against the Elevated Road.
The jury in the case of Flynn agt. the New York Elevated Railway Company brought in a sealed verdict yesterday morning, awarding Flynn damages in the sum of $8,500.
Flynn brought suit against the company to recover damages for injuries sustained in falling off a truck. He asserted that the accident was caused by obstructions left in the road by the elevated railroad.
The counsel for the company made a motion for a new trial, which was refused. They then asked for a stay of proceedings for sixty days, which the Court refused, but granted instead a stay of thirty days to give time to prepare a case for appeal. Judgment was entered subject to that delay.
Mr. Louis J. Grant, who has been Flynn's counsel during the three trials, said he hardly thought the company would carry the case any further. The Superior Court had passed twice on the law in the case and the General Term would not be apt to reverse this ruling.
Mr. Bauerdorf, of the counsel for the elevated railroad, said they would in all probability carry the case to the General Term, and if not successful there they would go to the Court of Appeals. They did not agree with the rulings on the law involved.
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Jury awards Flynn $8,500 damages against the New York Elevated Railway Company for injuries from falling off a truck due to road obstructions caused by the railroad. Company's motion for new trial refused; stay of 30 days granted for appeal. Flynn's counsel doubts further appeals; company's counsel plans to appeal to General Term and possibly Court of Appeals.