Urtz v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River 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 Lewis on the 25 th day of June, 1909, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 4th day of May, 1909, 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 the appellant to abide event.
The action was brought to recover damages for fraud in the compromise of a claim for. damages, resulting from the death of plaintiff’s intestate, caused by the negligence of the defendant. The compromise was made between the plaintiff and the claim agent of the defendant, one McCormick. The fraud alleged consisted of various statements made by McCormick.
The intestate was killed while driving a team across defendant’s tracks April 9,1906. McCormick, on hearing of the…
2Cases cited2 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Duquette v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by10 opinions
- Bard-Parker Co. v. Dictograph Products Co.Appellate Division of the Supreme Court of the State of New York · 1940
- Swan v. Great Northern Railway Co.North Dakota Supreme Court · 1918
- Inman v. Merchants Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1948
- Telford v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1928
- Young v. New York State Electric & Gas Corp.New York Supreme Court · 1945
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