Coleman 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 River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 2d day of January, 1904, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 28th day of July, 1904, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 2d day of January, 1904, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 28th day of July, 1904, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 30th day of July, 1903, to recover the damages sustained by the next of kin of James Coleman, deceased, because of his death which…
1Opinion of the Court
McLennan, P. J.:
Upon the whole evidence the jury were justified in finding, as they did, that the accident which resulted in the death of plaintiff’s intestate would not have happened except for the negligence of the defendant in the operation of the train in question, and that on account of his death the next of kin sustained damages to the amount of the verdict. None of the exceptions taken to the rulings of the court in the admission or exclusion of evidence, to the charge or to the refusal of the court to charge as requested, present reversible error. The only remaining question to be…
2Cases cited1 opinion
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
3Cited by5 opinions
- Coleman v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1906
- Legg v. Erie RailroadNew York Supreme Court · 1910
- Coleman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- French v. New York Railways Corp.Appellate Division of the Supreme Court of the State of New York · 1930
- Hynes v. StateNew York Court of Claims · 1909