Hagen 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 an order of the Supreme Court, - made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 15th day of August, 1904, granting the plaintiff’s motion for a -new trial on the ground of newly-discovered evidence.
1Opinion of the Court
Spring, J.:
On July 20, 1895, the members of an association of railroad men in Frankfort and vicinity, in the county of Oneida, had an excursion to Sylvan Beach. The plaintiff, then a lad of eleven years, accompanied the excursion party and peddled refreshments for a firm of bakers.
On the return trip the plaintiff fell or was thrown from the train while it was at Frankfort, and was caught under the wheels of the car and was severely injured; one foot was amputated three or four inches above the ankle, and the other was badly crushed, as a result of the accident.
The contention of the plaintiff…
2Cases cited3 opinions
- Thompson v. WeldeAppellate Division of the Supreme Court of the State of New York · 1898
- Kring v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Hagen v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
- Heuser v. New York Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Rockowitz Corset & Brassiere Corp. v. Madame X Co.New York Supreme Court · 1927
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907