Milliman 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 plaintiff, entered in the office of the clerk of the county of Wayne on the 11th day of April, 1905, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the lltli day of April, 1905, denying the defendant’s motion for a new trial made upon the minutes, with notice, of an intention to bring up -for…
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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 plaintiff, entered in the office of the clerk of the county of Wayne on the 11th day of April, 1905, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the lltli day of April, 1905, denying the defendant’s motion for a new trial made upon the minutes, with notice, of an intention to bring up -for review upon such appeal an order entered on the same day denying the defendant’s motion for a nonsuit.
1Opinion of the Court
Nash, J.:.
The plaintiff,-with four other men, was in a lumber wagon driving south on the highway toward the railroad crossing near the defendant’s station at Eed Creek, Wayne county, on the Eome, Watertown and Ogdensburg railroad.
The driver, Milton Jenkins, owner of the team and wagon, sat on the front seat, and with him one Becker; on the next seat, a board across the top of the wagon box, were xthe plaintiff, sitting to the left, and Burgess Jenkins, the father of Milton, on his right or west side; the fifth man, Qurea-u, was on a seat in the rear.
As they approached the railroad crossing…
2Cases cited2 opinions
- French v. MerrillAppellate Division of the Supreme Court of the State of New York · 1898
- Pakalinsky v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
3Cited by4 opinions
- Caledonian Insurance v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1927
- Larkey Lumber & Wrecking Co. v. ByrnesTennessee Supreme Court · 1944
- Hummel v. L. S. Fischl's Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1916
- Lee v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1935