McPeak v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Oswego county. Action by Thomas McPealc against the New York Central & Hudson River Railroad Company to recover damages for personal injuries. From a judgment entered on a decision granting a nom suit, and from an order denying a motion for new trial, plaintiff appeals. Reversed.
1Opinion of the CourtHardin, P. J.
Inasmuch as a nonsuit was granted, the appellant is entitled to have all of the evidence construed in a manner most favorable to his contention, as well as to have the benefit of the inferences which could legitimately be drawn from such evidence. Harris v. Perry, 89 N. Y. 308; Sherry v. Railroad Co., 104 *648N. Y. 656, 10 N. E. 128; Morrison v. Telegraph Co. (Sup.) 23 N. Y. Supp. 257. The defendant’s track, where the accident occurred, crosses Fourth street, and passes along Schuyler street. On the occasion of the accident one of defendant’s freight trains was stalled in its approach to Fourth…
2Cases cited10 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Chisholm v. . StateNew York Court of Appeals · 1894
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Harris v. . PerryNew York Court of Appeals · 1882
- Rodrian v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1891
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3Cited by3 opinions
- Harper v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Schulz v. Second Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Wilcox v. New York, L. E. & W. RailroadNew York Supreme Court · 1895