Petrie 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 Jefferson on the 13th day of October, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of October, 1900, denying the defendant’s motion for a new trial made upon the minutes.
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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 Jefferson on the 13th day of October, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of October, 1900, denying the defendant’s motion for a new trial made upon the minutes. On the 29th day of July, 1899, the plaintiff’s intestate, Charles A. Petrie, was killed at a railroad crossing known as “ Rock Cut Crossing,” situate in the village of…
1Opinion of the Court
Adams, P. J.:
The evidence of the defendant’s negligence and of the absence of contributory negligence upon the part of the plaintiff’s intestate, while perhaps not entirely convincing, was, nevertheless, sufficient *475to justify the trial court in submitting those questions to the jury, ¡and, consequently, we do not feel at liberty to set aside their verdict as against the weight of evidence. The only other questions which require our consideration arise out of exceptions taken to a single portion of the charge of the court, as well as to refusals to charge in accordance with certain requests of…
2Cases cited4 opinions
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Cumming v. . Brooklyn City Railroad CompanyNew York Court of Appeals · 1887
- Finn v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Lunham v. HafnerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Baker v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- Smith v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Sipowicz v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Diamond v. Planet Mills Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904