New York Consolidated Railroad v. Massachusetts Bonding & Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Massachusetts Bonding and Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of May, 1919, upon the verdict of a jury for $12,200.53, in addition to a verdict for $12,584.03, rendered by direction of the court, and also from an order entered in said clerk’s office on the 26th day of May, 1919, denying the defendant’s motion to set aside the…
Read the full summary
Appeal by the defendant, Massachusetts Bonding and Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of May, 1919, upon the verdict of a jury for $12,200.53, in addition to a verdict for $12,584.03, rendered by direction of the court, and also from an order entered in said clerk’s office on the 26th day of May, 1919, denying the defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Blackmar, J.:
This action was brought to recover the amount of a judgment which plaintiff had been compelled to pay to Harry Barnsley *440for injuries received by him in attempting to enter an elevated railroad train operated by plaintiff. The injuries were caused by falling into an open hole in the railroad platform, made by a contractor, Burnham, who was doing repair and altération work upon, the platform pursuant to a contract with the New York Municipal Eailway Corporation.
The complaint contains in effect two causes of action. One upon a policy of insurance written by the defendant company…
2Cases cited10 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Weight Watchers of Quebec Ltd. v. Weight Watchers International, Inc.District Court, E.D. New York · 1975
- Marion J. Brown and Allen Brown v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Second Circuit · 1963
- American Employers Insurance v. Goble Aircraft Specialties, Inc.New York Supreme Court · 1954
- Metropolitan Casualty Ins. Co. v. BlueSupreme Court of Alabama · 1929
18 more not listed; retrieve them via the Exa API.