Serano v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an order of tlie Appellate Division of the Supreme Court in the fourth judicial department, entered duly 20, 1906, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of tlie Appellate Division of the Supreme Court in the fourth judicial department, entered duly 20, 1906, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The verdict of the jury for the plaintiff and the order of reversal of the Appellate Division has established all disputed facts in plaintiff’s favor. (Leslie v. Wiley, 47 N. Y. 652; Judson v. C. V. R. R. Co., 158 N. Y. 597; Schryer v. Fenton,…
1Opinion of the CourtChase, J.
On the 29th day of December,-1902, the plaintiff was struck at the Willow street crossing in the city of Oswego by a locomotive attached to a passenger train owned and operated by the defendant. At the time of the accident she was less than six years of age. She brings this action to recover damages for her personal injuries. The fact that an accident occurred is not disputed, but the extent of the plaintiff’s injuries and the responsibility of the defendant therefor is denied. The action has been tried twice. On the first trial the plaintiff recovered a verdict. The judgment entered .…
2Cases cited14 opinions
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
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3Cited by2 opinions
- In re the Application for a Construction of the Last Will & Testament of WerleNew York Surrogate's Court · 1915
- Ryan v. FaheyAppellate Division of the Supreme Court of the State of New York · 1974