Freemont v. Boston & Maine Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Boston 'and Maine Railroad Conn pany 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 Rensselaer on the 13th day of May, 1905, upon the Verdict of .a jury for $5,000; also from an order entered in said clerk’s office on •the 17th day of May, 1905, denying the defendants’ motion for . a new trial made upon the minutes, and -also from an order entered on the 17th day…
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Appeal by the defendants, the Boston 'and Maine Railroad Conn pany 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 Rensselaer on the 13th day of May, 1905, upon the Verdict of .a jury for $5,000; also from an order entered in said clerk’s office on •the 17th day of May, 1905, denying the defendants’ motion for . a new trial made upon the minutes, and -also from an order entered on the 17th day of May, 1905, granting the plaintiff’s motion for an extra allowance. . The defending railroad companies jointly ówn and…
1Opinion of the Court
Parker, P. J.:
The trial judge, at the request of the defendants’ counsel, substantially charged the jury that they were authorized to find the rule suggested by the plaintiff a necessary and' proper one fo'r this case, if the proof showed that such rule was in force on some other road, or if it showed that it was practicable and reasonable to provide against such an accident, or if the propriety and necessity of such particular rule was so Obvious as to make it a question of common experience and knowledge. Such charge must be deemed to furnish the law of this case, and also seems to be in…
2Cases cited2 opinions
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Koszlowski v. American Locomotive Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Van Alstine v. Standard Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Reed v. DavisNew York Court of Appeals · 1928
- Judd v. Lake Shore & Michigan Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Anderson v. McMullenAppellate Division of the Supreme Court of the State of New York · 1911
- Braun v. New York Central & Hudson River RailroadNew York Supreme Court · 1909