Lee v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western 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 Tompkins on the 16th day of April, 1900, upon the verdict of a jury for $11,000, and also from an order entered in said clerk’s office on the 10th 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 Delaware, Lackawanna and Western 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 Tompkins on the 16th day of April, 1900, upon the verdict of a jury for $11,000, and also from an order entered in said clerk’s office on the 10th day of October, 1900, denying the defendant’s motion for a new trial made, upon the minutes. The defendant, in constructing its railroad, had crossed the highway through a deep cut, and had been obliged to take such highway over its road by a bridge. The…
1Opinion of the Court
Per Curiam :
Upon the trial of this action the court was asked to charge as follows : “ That section 154, chapter 568, Laws of 1890j is applicable to this case; and that if the jury believe that the weight of the engine and its load exceeded eight thousand pounds, then the plaintiff cannot recover because of that statute.” The court declined such request, and an exception by the defendant was duly taken.
That statute in substance provides that whoever suffers injury from the breaking of a bridge upon a public highway when attempting to take across it a load exceeding four tons in weight, cannot…
2Cited by1 opinion
- Lee v. Delaware, L. & W. R. CoAppellate Division of the Supreme Court of the State of New York · 1901