Legal Opinion

True v. Niagara Gorge Railroad

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1902PublishedCited by 6 opinions

Appeal by the defendant, The Niagara Gorge 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 Niagara on the 4th day of May, 1901, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the l'Tth day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J.:

The plaintiff had been a conductor on the Gorge road, a trolley line operated by the defendant from Niagara Falls to Lewiston, and on September 3, 1899, while acting in that capacity and collecting fares on the running board on one of the defendant’s cars, lie was struck by another of its cars approaching on a parallel track from the opposite direction, was knocked off and thrown under the car, sustaining injuries resulting in the amputation of both legs below the knees. He was at the time twenty-nine years of age and had been in the .employ of the defendant as a conductor…

2Cases cited10 opinions

  1. Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
  2. Eastland v. . ClarkeNew York Court of Appeals · 1901
  3. Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
  4. Benthin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  5. Brown v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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3Cited by6 opinions

  1. Missouri, O. & G. Ry. Co. v. OvermyreSupreme Court of Oklahoma · 1916
  2. In re TaylorAppellate Division of the Supreme Court of the State of New York · 1911
  3. Lynch v. Fred T. Ley & Co.City of New York Municipal Court · 1922
  4. Dailey v. New York, N. H. & H. R. R. Co.U.S. Circuit Court for the District of Southern New York · 1909
  5. Russell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904

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