Berkery v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie 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 Wyoming on the 31st day of May, 1899, upon the verdict of a jury for $1,500, and also, from an order entered in said clerk’s office on the 31st day of May, 1899, denying the defendant’s motion for a new trial made upon the minutes. .
1Opinion of the Court
Laughlin, J. :
On the 6th day of December, 1897,- the plaintiff, while passing along the westerly sidewalk of Main street and over the northerly track of defendant’s road in the village of Silver Springs, was struck and injured by a locomotive moving westerly. The recovery in this action was for the damages caused by the injuries thus inflicted. The only question presented by the appeal which merits extended .consideration is whether the evidence fairly required the submission to the jury of the question as to whether plaintiff was free from contributory negligence and is sufficient to sustain…
2Cited by2 opinions
- Nease v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Nease v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908