Eaton v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hew York Central and Hudson Eiver Eailroad 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 31st day of January, 1907, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 1st day of February, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was to recover damages for personal injuries on the ground of negligence. The plaintiff was at Warners station on the defendant’s road, and was about to cross over the tracks from the passenger to the freight depot to attend to the shipment of some freight. A freight train passed by on the track nearest the platform; the plaintiff was in some way struck and injured. Ue claimed he was standing on the platform, and was struck by something extending out from a car of the train. The defendant claimed he had left the…
2Cases cited2 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Benedick v. PottsCourt of Appeals of Maryland · 1898
3Cited by1 opinion
- Endres v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909