Dow v. Syracuse, Lakeside & Baldwinsville Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Syracuse, Lakeside and Baldwins-ville Railway, from an order of the Supreme Court, made at the Onondaga Trial Term and entered in the office of the clerk of the county of Onondaga on the 5th day of ¡November, 1902, granting the plaintiff’s motion for a new trial made upon the minutes, a non-suit having previously been granted upon a trial at said Trial Term.
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Appeal by the defendant, the Syracuse, Lakeside and Baldwins-ville Railway, from an order of the Supreme Court, made at the Onondaga Trial Term and entered in the office of the clerk of the county of Onondaga on the 5th day of ¡November, 1902, granting the plaintiff’s motion for a new trial made upon the minutes, a non-suit having previously been granted upon a trial at said Trial Term. The defendant is a duly incorporated street surface railroad company, and in July, 1899, the plaintiff, with others, conveyed to it a right of way over a strip of land situate in the town of Van Burén in the…
1Opinion of the Court
Adams, P. J.:
For the purposes of this review it must be assumed that the defendant’s negligence was established and consequently the only question now to be considered is whether or not it stands absolved from all liability therefor..
The contention that it does so stand is based, of course, upon the words printed upon the front cover of the pass book issued to the plaintiff by the defendant pursuant to its agreement to furnish her *365free transportation over its railroad in part consideration for the conveyance by her to it of a strip of land for a right of way over her premises.
We think there…
2Cases cited5 opinions
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Nicholas v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1882
- Cragin v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Corcoran v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Trolan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898