Schradin v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The ¡New York Central'and Hudson Biver Bailroád Company, from a judgment of -the Supreme Court in favor' of the plaintiff, entered in tlie office of -the" clerk of the county of New York on the 16tli day of February, 1907, upon tlie verdict of a jury for $3-,'500, and also from an order entered in said clerk’s office on the 14tli day of February,, 1907¿ denying the defendant’s motion for a new trial made upon the minutes..
1Dissent
McLaughlin, J. (dissenting):
' The recovery is sought to be sustained under chapter 657 of the Laws -of 1906, but as I construe the complaint that is not the. cause of action alleged, nor is it the theory upon which the action was tried and submitted to the jury. There is not a reference in the complaint to chapter 657 of the Laws of 1906, or any facts set forth' indicating, that the action is brought under that statute, and at the beginning of the trial the plaintiffs attorney elected to try the action as one to recover under -the common law, and the case was submitted to the jury upon this…
2Cases cited4 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Lewis v. . HoweNew York Court of Appeals · 1903
- Gmaehle v. . RosenbergNew York Court of Appeals · 1904
- Sutherland v. AmmannAppellate Division of the Supreme Court of the State of New York · 1906