Cepenobwiz v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cmenarviz Cepenobwiz, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of .Onondaga on the 21st day of May, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of May, 1908, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Cmenarviz Cepenobwiz, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of .Onondaga on the 21st day of May, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of May, 1908, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced on the 6th day of December, 1907, to recover damages for the death of plaintiff’s intestate alleged to have been caused solely through the negligence of the…
1Opinion of the Court
McLennan, P. J.:
On the 29th day of October, 1907, at about nine-forty p. m., plaintiff’s intestate and two companions left the factory or plant of the Pierce, Butler & Pierce Manufacturing Company,' where .they were employed, to go to their respective homes. They went from such plant through an opening in a fence which marked the northern boundary of defendant’s right of way, and while attempting to cross the most northerly or westbound passenger track, plaintiff’s intestate was struck by an engine approaching from the east drawing a fast passenger train, and sustained injuries which caused…
2Cases cited1 opinion
- Smith v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Cepenobuiz v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1911