Sloat v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Y. Sloat, from a judgment of the Supreme Court in favor of the defendant, entered in the office \ ■ ' . The action was commenced on the 13th day of November, 1909, to recover the sum of $5,000 damages alleged to have been sustained by plaintiff by reason of the fraud of defendant’s agent which induced her to settle and compromise a claim for personal injuries alleged to have been caused solely by defendant’s negligence.
1Opinion of the Court
McLennan, P. J.:
The facts are not in dispute. About noon of the 3d day of July, ' 1906, plaintiff, while attempting to cross the tracks of the defendant’s railroad at a public street or highway in the city of Water-town, N. Y., was struck and run over by a handcar which was being operated by the defendant and was injured more or less seriously. For the purposes of this appeal, the defendant having given no evidence, we must assume that such injuries resulted solely because' of the negligence of the defendant.
After such accident the defendant, through its local claim agent, one McCormick, who…
2Cases cited2 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Duquette v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910