Filer v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been received through the negligence of defendant’s employes by plaintiff while alighting from a train on defendant’s road. The case has been to this court twice before.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a verdict and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been received through the negligence of defendant’s employes by plaintiff while alighting from a train on defendant’s road. The case has been to this court twice before. (See 49 N. Y., 42; 59 id., 352.) Plaintiff’s testimony, on the trial as to the circumstances under which she received the injury…
1Opinion of the CourtRapallo, J.
It is claimed on the part of the appellant that the facts upon which this court based its previous decisions sustaining the denial of the motion for a nonsuit in this case (49 N. Y., 47, and 59 N. Y., 352) were changed in some material particulars on the last trial. The statement of the plaintiff on the former trials, that the person by whose direction she alighted from the car was one of the defendant’s brakemen, is said to have been disproved on the last trial, and it is argued that that fact is eliminated from the case.
On the last trial the plaintiff testified, as before, that this person…
2Cases cited2 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
3Cited by1 opinion
- Shannon v. Boston & Albany RailroadSupreme Judicial Court of Maine · 1885