Legal Opinion · Concurrence

Zwack v. New York, Lake Erie & Western Railroad

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

Decided July 30, 1896Published

Appeal from circuit court. Action by John Zwack, an infant, by Ms guardian ad litem, against the Hew York, Lake Erie & Western Railroad Company, for personal injuries. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendant appeals. Affirmed.

1Concurrence

HARDIN, P. J. (concurring).

Plaintiff, as a witness, detailed the circumstances attending the accident. In stating the manner in which he approached the track where the injuries occurred, he said:

'“I didn’t do anything else when I got there first, except wait for them engines. I looked both ways, east and west. I did not see any other trains coming from the west except these two engines. I did not see anything from the east. There were cars standing on the tracks where you switch, to prevent my seeing the railroad towards the east. Those tracks are off from the main tracks. They are at the…

2Cases cited5 opinions

  1. Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
  2. Parsons v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
  3. Mills v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
  4. Pressman v. MooneyAppellate Division of the Supreme Court of the State of New York · 1896
  5. Murphy v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1890

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