Richmond v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of November, 1895, upon the verdict of a jury rendered after a trial at the Onondaga Circuit, and also from an order entered in said clerk’s office on the 8th day of November, 1895, denying the defendant’s motion for a new trial upon the minutes.
Read the full summary
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of November, 1895, upon the verdict of a jury rendered after a trial at the Onondaga Circuit, and also from an order entered in said clerk’s office on the 8th day of November, 1895, denying the defendant’s motion for a new trial upon the minutes. The jury rendered a verdict in favor of the plaintiff for $500. Plaintiff’s complaint alleges that he was in the employ of the…
1Opinion of the Court
Hardin, P. J.:
Ten Eyck was in the livery business at the time of the accident, having a stable on the north side of the railroad track, and plaintiff received the injuries complained of about three o’clock on the afternoon of Sunday, July twenty-ninth. They were caused by the wire which had sagged so that when he was passing under it it came in contact with his body and carried him from the car on which he was standing to the one next in the rear thereof, causing the injuries of which he complains. The wire had fallen in consequence of a storm that had taken place recently, within the space…
2Cases cited5 opinions
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- Donnegan v. . ErhardtNew York Court of Appeals · 1890
- Vosburgh v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1884
- Birmingham v. . R.C. B.R.R. Co.New York Court of Appeals · 1893