Fisher v. Central Vermont Railway Co.
Appellate Division of the Supreme Court of the State of New York
■Appeal, by the defendant, the Central Vermont Railway Company, .from a judgment of the -Supreme Court in favor off,th.e-plaiñ* • tiff;-; entered in the office: offthe.-clerk of the.: county - of3 Clinton;- on* thelst day;of-May, 1906,mpon- the verdict- off a- jury- for- |¡7;;50Q|., and also from an order entered in said clerk’s office on the 24th day of April; 1906, denying the defendant’s motion for a new. trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
Plaintiff has recovered a second verdict for personal injuries due to the defendant’s alleged negligence. The judgment entered on the first verdict was reversed, the opinion of the court being reported in 109 Appellate Division, 449. The facts are there stated in detail. Repetition thereof is here unnecessary.
At the first trial plaintiff testified that as he crossed track 2 in front of the mail car he looked north and was just turning to look south as he stepped in front of the engine on track 3 and was struck by said engine. He had ample opportunity to look north when he was at…
2Cited by2 opinions
- Kinghorn v. Pennsylvania R.Court of Appeals for the Second Circuit · 1931
- Adams v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908