Wood v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles B. Wood, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 27th day of May, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Jefferson Trial Term, and also from an order-entered in said clerk’s office on the 2d day of June, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought ;by plaintiff to recover damages claimed to have been sustained through falling into a trench constructed in part upon his premises by defendant while building a switch upon its road.
The plaintiff was nonsuited, and such disposition appears to have been made, and its correctness is now sought to be upheld, principally upon the grounds that plaintiff knew, or ought to have known, ■, of the existence of the trench into which he fell; and, secondly, that if such trench had not been upon his premises, but had been entirely upon the premises' of the defendant,…
2Cited by1 opinion
- Wood v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905