Legal Opinion

Kiefer v. Grand Trunk Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 38 opinions

Appeal by the defendant, The Grand Trunk Railway Company of Canada, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 8th day of September, 1896, denying its motion for a resettlement and correction of the judgment entered in the action.

1Opinion of the CourtAdams, J.

The plaintiff brings this action to recover damages for the negligent killing of her son while, he was riding as a passenger upon the railroad of the defendant.

The accident occurred upon the 2d day of January, 1884, at or near a station called High Park, in the Province of Ontario, and at that time both the plaintiff and her son were residents of this State. Although the action was commenced soon after the accident, it was not brought to trial until June, 1896, when a verdict was rendered in favor of the plaintiff for the sum of $1,942.

Thereafter, and upon the seventh day of July following,…

2Cases cited4 opinions

  1. Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
  2. McDonald v. . MalloryNew York Court of Appeals · 1879
  3. O'Reilly v. Utah, N. & C. Stage Co.New York Supreme Court · 1895
  4. Isola v. . WeberNew York Court of Appeals · 1895

3Cited by38 opinions

  1. Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
  2. Coster v. CosterNew York Court of Appeals · 1943
  3. Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960
  4. Davenport v. WebbNew York Court of Appeals · 1962
  5. Johnson v. . Phoenix Bridge Co.New York Court of Appeals · 1910

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