Bush v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 26, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s motion for a nonsuit should have been granted.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 26, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s motion for a nonsuit should have been granted. (Masterson v. N. Y. C. & H. R. R. R. Co., 84 N. Y. 252; Bidwell v. Town of Murray, 40 Hun, 190; Cleary v. L. I. R. R. Co., 54 App. Div. 291; Clapp v. Town of Ellington, 51 Hun, 58; Marion v. Town of…
1Opinion of the CourtMartin, J.
This action was to recover damages occasioned by the death of the plaintiff’s intestate, which was alleged to have been caused by the negligence of the defendant. The defendant owns and operates a railroad running from Owego to Ithaca, It was built in 1849. Before its construction a *214highway existed leading from the Coddington road across the valley of the Six Mile creek to the Catskill turnpike. The railroad was constructed across this highway which was cut down about twenty-two feet below its surface, and the defendant erected a bridge over the cut. From the time the bridge was erected until…
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- McMahon v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
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- Riccio v. Montwill Corp.Appellate Division of the Supreme Court of the State of New York · 1962
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