Manley 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 Niagara on the 29th day of February, 1896, Upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of' November, 1896, denying the defendant’s motion for a new trial upon a case' containing exceptions.
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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 Niagara on the 29th day of February, 1896, Upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of' November, 1896, denying the defendant’s motion for a new trial upon a case' containing exceptions. The jury rendered a verdict in favor of the plaintiff for $9,000.
1Opinion of the Court
Hardin, P. J.:
Plaintiff’s complaint alleges that, on the 5th day of June, 1893, he was j>assing along over and upon Eighth street, which is a public highway in the city of Niagara Falls, “ where said defendant’s tracks intersect said street,” and that he “was then and there struck * * * knocked down, his foot and leg smashed and broken, and his body and limbs otherwise bruised, maimed and injured.”
Defendant’s answer admits the incorporation of the defendant, and that it operates and maintains a steam railroad, and that its tracks cross Eighth street, in the city of Niagara Falls, and' denies…
2Cases cited4 opinions
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- McNamara v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1892
- Foran v. New York Cent. & H. R. R.New York Supreme Court · 1892
- Lortz v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
3Cited by2 opinions
- Keller v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Jacobs v. Atlantic Coast Line R.Supreme Court of South Carolina · 1928