Bowden v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Lehigh Valley 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 Monroe on the 20th day of July, 1916, upon the verdict of a jury for $10,150, and also from an order entered in said clerk’s office on the 22d day of June, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Foote, J.:
Plaintiff has recovered a verdict for personal injuries sustained in a collision between the motorcycle on which he was riding and one of defendant’s fast trains at a highway crossing in the town of Hendon, Monroe county, on May 28, 1914.
Upon this appeal we are asked to hold that there was no proof of defendant’s negligence or of plaintiff’s freedom from contributory negligence. sufficient to warrant the submission of those questions to the jury, and that defendant’s motion for a direction of a verdict in its favor at the close of all the evidence should have been granted. I think…
2Cases cited1 opinion
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
3Cited by4 opinions
- Raymer v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Kulp Transportation Lines, Inc. v. Erie RailroadNew York City Court · 1928
- Salt City Express & Trucking Co. v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Martin v. Fonda RailroadAppellate Division of the Supreme Court of the State of New York · 1929