Scott v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 17th day of April, 1911, upon the verdict of a jury for $1,250, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The evidence in the present instance is not materially different from that presented by the record in a former appeal (Scott v. D., L. & W. R. R. Co., 136 App. Div. 347), though there is an evident effort to meet some of the points suggested in the opinion of this court in reversing the judgment, and it is not seriously questioned, as we understand it, that the same result should follow in this case, except that it: is urged that the Court of Appeals has held a different doctrine in the case of Henry v. Hudson & Manhattan R. R. Co. (201 N. Y. 140), which would of course be…
2Cases cited3 opinions
- O'Brien v. . Buffalo Furnace Co.New York Court of Appeals · 1905
- Henry v. . Hudson Manhattan R.R. Co.New York Court of Appeals · 1911
- Scott v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Maguire v. . BarrettNew York Court of Appeals · 1918
- Fresusk v. Pittsburg Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Scott v. Delaware, L. & W. R.Appellate Division of the Supreme Court of the State of New York · 1913