Massoth v. Delaware & Hudson Canal Co.
New York Supreme Court
Appeal from an order denying a motion for a new trial, made upon the minutes of the justice holding the Circuit, and a motion for a new trial on a case and exceptions ordered to be heard in the first instance at the General Term.
1Opinion of the Court
Bookes, J.:
This case comes before the court, on an appeal from an order denying a motion for a new trial on the judge’s minutes, and on a case and exceptions directed to be heard in the first instance at General Term.
The plaintiff’s intestate was riding on a load of hay, drawn by a pair of horses driven by his employer in the 'city of Cohoes, and when crossing the railroad track, the vehicle was struck by the engine of a passing train, and he was killed.
Evidence was given, tending to show negligence on the part of the defendant; as was also evidence, tending to show the plaintiff’s *316intestate…
2Cases cited6 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Weber v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1874
- Jetter v. New York & Harlem RailroadNew York Court of Appeals · 1865
- Allis v. . LeonardNew York Court of Appeals · 1874
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