Legal Opinion

Hickinbottom v. Delaware, Lackawanna & Western Railroad

New York Supreme Court

Decided March 2, 1888PublishedCited by 1 opinion

Appeal from a judgment on verdict.

1Opinion of the CourtBrady, J.

The plaintiff in this action sought compensation for injuries received through the negligence of the defendants and without contributory negligence on his part.

As a passenger he attempted to get into one of the defendants cars, and when he had partially accomplished his design the train was suddenly started and he was thrown back under the cars and seriously injured. The jury awarded him $25,000 damages.

*12The defendants appeal upon the ground that the verdict was not only excessive but against the weight of evidencé. The testimony as to the occurrence is conflicting. It always is in cases of…

2Cases cited9 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Losee v. . BuchananNew York Court of Appeals · 1873
  3. Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
  4. Coleman v. SouthwickNew York Supreme Court · 1812
  5. Dyke v. Erie Railway Co.New York Court of Appeals · 1871

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3Cited by1 opinion

  1. Kaare v. Troy Steel & Iron Co.New York Supreme Court · 1892

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