France v. Rome, Watertown & Ogdensburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Rome, "W atertown and Ogdensburg 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 Oswego on the 17th day of April, 1896, upon the verdict of a jury for $5,000; also from an order entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 3d day of April, 1896,…
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Appeal by the defendant, The Rome, "W atertown and Ogdensburg 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 Oswego on the 17th day of April, 1896, upon the verdict of a jury for $5,000; also from an order entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 3d day of April, 1896, granting the plaintiff an extra allowance. Plaintiff’s intestate was killed at the accident near Carlyon station in…
1Opinion of the Court
Hardin, P. J.:
The facts and circumstances relating to the accident are found stated in the opinions delivered in Webster v. Rome, W. & O. R. R. Co. (40 Hun, 161; S. C. affd., 115 N. Y. 112) and in the opinion delivered when this case was before the General Term on a former appeal reported in 88 Hun, 318. In the opinion last referred to it was determined by the court that an error was committed on the trial then under review, “in submitting to the jury the question of the defendant’s negligence based upon its not equipping its train with air brakes.”
The learned counsel for the appellant…
2Cases cited3 opinions
- Duffus v. SchwingerNew York Supreme Court · 1895
- France v. Rome, W. & O. RailroadNew York Supreme Court · 1895
- Chaffee v. MorssNew York Supreme Court · 1874