Legal Opinion

Lagerman v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 2 opinions

Appeal by the plaintiff, Charles A. Lagerman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 18th day of January, 1900, upon the dismissal of the complaint, by direction of the court, after a trial before the court and a jury at the New York Trial Term.

1Opinion of the Court

Hatch, J.:

The facts out of which liability is claimed to arise in this case are in brief these : The plaintiff had gone to the Hudson river, opposite One Hundred and Twelfth street, in the city of New York, for the purpose of fishing. At this point is located a track of the defendant’s railroad within four feet of the retaining wall next to the river. Upon this track stood a long line of freight cars. This track at this point is connected with the main track of the defendant’s railroad by a switch track, upon which at the time of the happening of the accident which is the subject of the…

2Cases cited2 opinions

  1. Victory v. . BakerNew York Court of Appeals · 1876
  2. Downes v. Elmira Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. Rosenthal v. New YorkAppellate Division of the Supreme Court of the State of New York · 1906
  2. Riordan v. New York Central & Hudson River RailroadNew York Supreme Court · 1903

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