O'Brien v. New York Cent. & H. R. R.
New York Supreme Court
Action by Frank O’Brien against the New York Central & Hudson River Railroad Company. Verdict for plaintiff. Motion by defendant for a new trial on all the grounds specified in Code Civ. Proc. § 999. Granted.
1Opinion of the CourtClark, J.
The jury rendered a verdict in favor of the plaintiff in this action for $6,000 at the Ontario Trial Term in October, 1909. The plaintiff was injured while working on the highway by a runaway horse, and charges that the horse was frightened by the defendant negligently sounding its locomotive whistle. At the point where plaintiff was working in the highway, defendant’s tracks are about 60 feet. away and run parallel with the highway. Plaintiff was driving a team attached to a plow, and facing in an easterly direction, and the train in question had just left Shortsville, proceeding westerly.…
2Cases cited2 opinions
- Phillips v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Mayer v. New York Central & Hudson River RailroadNew York Supreme Court · 1890