Legal Opinion

Marus v. Central Railroad

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

Decided November 1, 1915Published

Appeal by the defendant, The Central Railroad Company of New Jersey, 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 11th day of December, 1914, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Carr, J.:

The defendant appeals from a judgment in an action to recover damages for the death of the plaintiff’s intestate through the alleged negligence of the defendant, his master. The action was brought under the Federal Employers’ Liability Act (35 U. S. Stat. at Large, 65, chap. 149, as amd. by 36 id. 291, chap. 143). The verdict was $6,000. A motion for a new trial was denied, and the order is likewise brought up for review. The evidence in the case is very short, in fact the respondent’s brief exceeds it in extent. The contentions of the appellant are as follows: (a) there was no proof…

2Cases cited5 opinions

  1. Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
  2. Harrison v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
  3. Lipstein v. Provident Loan Society of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
  4. Pearsall v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1907
  5. Curran v. . Lake Champlain M.R.R. Co.New York Court of Appeals · 1914

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