Bannon v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Bew York Central and Hudson Biver Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 1st day of April, 190.5, upon the verdict of a jury for $750, rendered after a trial at the Onondaga Trial Term. . The action was commenced on the 6th day of February, 1904, under the Employers’ Liability Act, being chapter 600 of the Laws of 1902, to recover…
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Appeal by the defendant, the Bew York Central and Hudson Biver Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 1st day of April, 190.5, upon the verdict of a jury for $750, rendered after a trial at the Onondaga Trial Term. . The action was commenced on the 6th day of February, 1904, under the Employers’ Liability Act, being chapter 600 of the Laws of 1902, to recover damages sustained by the plaintiff on account of injuries alleged to have been caused solely through, the negligence of the…
1Opinion of the Court
McLennan, P. J.:
Bo mention having been made by the defendant upon the minutes of the court for a new trial, and' no order having been entered refusing to grant such new trial, only questions of law are presented by this appeal, which is taken from the judgment only (Collier v. Collins, 172 N. Y. 101); and. the plaintiff is entitled to have the evidence construed most favorably to him to establish any fact necessary to support the judgment.
It is urged by-the appellant that the evidence so construed fails as matter of law to establish a cause of action in plaintiff’s favor.
On the 19th day of…
2Cases cited1 opinion
- Quinlan v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Hope v. Soranton & Lehigh Coal Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bannon v. New York Cent. & H. R. R. Co.Appellate Division of the Supreme Court of the State of New York · 1909