Burns v. Delaware & Hudson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware and Hudson Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county .of Rensselaer on the 26th day of Hay, 1906, upon the verdict of a jury for $6,500, and ■ ■also from an order bearing date the 25th day of Hay, 1906, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The material facts are stated in the report of this case on a former . apjieal (110 App. Div. 592). The following additional facts now appear: The accident occurred at four-forty- p. m. The train was . scheduled to leave the station at five p. m. Upon this trial the court substantially charged that" if the engine and train were put and kept in the position in which they were, by the direction and •under the control of the Troy .Union Station Company,, the defendant ' could not be charged with obstructing -the street, even though the ■ engine-extended beyond the line of Fulton…
2Cases cited1 opinion
- Burns v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1906