New York Central Railroad v. Barnet
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Barnet and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 21st day of January, 1920, upon the verdict of a jury rendered by direction of the court upon motion by both parties.
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Appeal by the defendants, William Barnet and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 21st day of January, 1920, upon the verdict of a jury rendered by direction of the court upon motion by both parties. In the year 1906 pursuant to a written contract between the defendants and the New York Central and Hudson River Railroad Company, a predecessor of the plaintiff herein, a siding or spur track was constructed on the premises of the defendants in the city of Rensselaer connecting a factory on…
1Opinion of the Court
Cochrane, J.:
On the trial of this action the plaintiff herein introduced in evidence the judgment roll, the charge of the court to the jury, and the material testimony in the Forstner action. The judgment roll was conclusive evidence against these defendants that Forstner had been injured on this side track and the extent of his damages. (Mayor, etc., v. Brady, 151 N. Y. 611, 616; Carleton v. Lombard, Ayres & Co., 149 id. 137, 161; Scott v. Curtis, 195 id. 424; Western Union Telegraph Co. v. Gest, 183 App. Div. 548.) The charge of the court to the jury in that action was competent herein to…
2Cases cited4 opinions
- Mayor, Aldermen & Commonalty of New York v. BradyNew York Court of Appeals · 1897
- Rowland v. HobbyAppellate Division of the Supreme Court of the State of New York · 1898
- Western Union Telegraph Co. v. GestAppellate Division of the Supreme Court of the State of New York · 1918
- Sias v. Rochester Railway Co.New York Court of Appeals · 1901
3Cited by3 opinions
- Ripley v. StorerNew York Court of Appeals · 1956
- Bronxville Palmer v. State of New YorkNew York Court of Appeals · 1966
- Bronxville Palmer v. State of New YorkNew York Court of Appeals · 1966