Capitula v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central 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 Albany on the 19th day of May, 1921, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kiley, J.:
The record in this case discloses that between seven and eight o’clock on the morning of the 24th day of November, 1920,"the defendant was running its train, consisting of an engine and four cars, over its track between the towns of Colonie and Green Island in the county of Albany, N. Y. At the point in question defendant’s track crosses the canal on an iron bridge some feet above the water. Plaintiff’s intestate, a girl of sixteen years, was crossing this bridge going toward Green Island and was struck by the engine of said train; her body dropped through the bridge into the water…
2Cases cited9 opinions
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Weitzmann v. A. L. Barber Asphalt Co.New York Court of Appeals · 1908
- Foley v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
- Matutinovich v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
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3Cited by2 opinions
- Capitula v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- People v. TateNew York Supreme Court · 1976