Clifford v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Clifford, frornu judgment of the Supreme Court in favor of the defendant,' entered in the office of the clerk of the county of Bensselaer on the 31st day of May, 1905-, upon the dismissál of the complaint, by direction of the court after a trial at the Bensselaer Trial Term. . The plaintiff was at work upon the sidewalk in front of .an hotel at Castleton, M. Y. ’Upon the opposite side of the highway ran the defendant’s road.
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Appeal by the plaintiff, Charles Clifford, frornu judgment of the Supreme Court in favor of the defendant,' entered in the office of the clerk of the county of Bensselaer on the 31st day of May, 1905-, upon the dismissál of the complaint, by direction of the court after a trial at the Bensselaer Trial Term. . The plaintiff was at work upon the sidewalk in front of .an hotel at Castleton, M. Y. ’Upon the opposite side of the highway ran the defendant’s road. Upon June 19-, 1904, while the plaintiff was thus at work, one of the. defendant’s trains passed -through Castleton. 'From this train was…
1Opinion of the Court
Smith, J.:.In Dwyer v. President, etc., D. & H. Canal Co. (affirmed in this department without opinion, 17 App. Div. 623) plaintiff . was walking along a highway adjoining a railroad and was.struck by a bundle of papers which was thrown from a passing train by a person who was not an employee of the railroad company . but was an. employee of a news company,which was accustomed to take its papers over this road and employed a man for the purpose' of putting them off -a| different stations. ’ In that case Justice Alton B. Barker, at the Trial Term, submitted to the jury tile question as to;…
2Cases cited4 opinions
- Snow v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
- Galloway v. Chicago, M. & St. P. Ry. Co.Supreme Court of Minnesota · 1894
- Wilber v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Ohio & Mississippi Railway Co. v. SimmsAppellate Court of Illinois · 1892
3Cited by1 opinion
- Lindsay v. Baltimore & Ohio Rd.Ohio Court of Appeals · 1954