Legal Opinion

Myers v. New York Cent. & H. R. Railroad

New York Supreme Court

Decided July 5, 1895Published

Appeal from circuit court, Oswego county. Action by Alexander Myers against the New York Central & Hudson River Railroad Company. From a judgment entered on a nonsuit, and from an order denying a motion for a neiw trial made on the minutes, plaintiff appeals.

1Per curiam

When this case was before us on a former appeal (82 Hun, 36, 31 N. Y. Supp. 153), the judgment, upon a verdict in favor of plaintiff, was reversed, on the ground that the plaintiff was guilty of contributory negligence, and . a nonsuit should have been granted on that ground. Upon the retrial now under review, a non-suit was granted, it being said by the trial justice that in his opinion the facts were not in any material respect changed from what they were upon the former trial. We are of the opinion that the nonsuit was properly granted. The changes, if any, in the evidence, related to the…

2Cases cited2 opinions

  1. Hunter v. Cooperstown & Susquehanna Valley RailroadNew York Court of Appeals · 1891
  2. Myers v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894

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