Legal Opinion

Smith v. Lehigh Valley Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902No. 1PublishedCited by 4 opinions

Appeal by the defendant, the Lehigh Valley 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 Ontario on the 2d day of July, 1901, upon the verdict of a jury for «$8,000, and also from an order entered in said clerk’s office on the 2d day of December, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Williams, J.:

The judgment and order should be reversed, and a new trial granted, with costs to appellant to abide event.

*44The action was brought to recover damages for injuries to the plaintiff alleged to have been caused by the negligence of the defendant. The injuries were received in ■ a railroad crossing accident, which occurred about midnight of February 24, 1900, at Farmington station on the defendant’s road. The plaintiff, his wife, two sons and three daughters, riding in a two-seated carriage, drawn by two horses, and driven by one of the sons, were crossing the defendant’s railroad…

2Cases cited4 opinions

  1. Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1902
  2. Petrie v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  3. Petrie v. New York Central and Hudson River Rail. Co.New York Court of Appeals · 1902
  4. Smith v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by4 opinions

  1. Cepenobwiz v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
  2. Lamberton v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1930
  3. Smith v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  4. Smith v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1904

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