Baird 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 for $4,000, entered in the office of the clerk of the county of Onondaga, on the 2d day of April, 1895, upon the verdict of a jury rendered after a trial at the Onondaga Circuit, and also from an order entered in said clerk’s office on the 1st day of April, 1895,. denying the defendant’s motion for anew trial made upon the minutes.
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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 for $4,000, entered in the office of the clerk of the county of Onondaga, on the 2d day of April, 1895, upon the verdict of a jury rendered after a trial at the Onondaga Circuit, and also from an order entered in said clerk’s office on the 1st day of April, 1895,. denying the defendant’s motion for anew trial made upon the minutes. The action was brought to recover for personal injuries sustained by the plaintiff while a fireman in the defendant’s…
1Opinion of the Court
Hardin, P. J.:
Extensive evidence was given during the trial of the acts, doings and character, as established among railroad men, of Brown, with a view of furnishing ground upon which the jury might find that Brown was- incompetent as an employee,, and that his in competency was known to the defendant, and that it was, therefore, negligent in keeping him in its employ. During this trial considerable evidence was given from the minutes of the trial of the Park case..The evidence introduced by the plaintiff of Brown’s incompetency was not sufficient to authorize the admission of testimony of…
2Cases cited2 opinions
- Cameron v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
- Marrinan v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
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- Stone v. StateWyoming Supreme Court · 1987
- Pote v. StateWyoming Supreme Court · 1985
- Stone v. StateWyoming Supreme Court · 1987