Myers v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Oswego county. Action by Alexander Myers against the New York Central & Hudson River Railroad Company for personal damages. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendant appeals.
1Opinion of the CourtMartin, J.
The plaintiff was injured while attempting to board a moving train on the defendant’s road. The train was in motion when he left the depot, which was about 30 feet from the track. He was then 73 years of age, and, as he testified, in full possession of his faculties, and could get on a car as well as he could 20 years before. The testimony 'introduced by the defendant tended to show that the plaintiff often rode upon its trains, and had been previously accustomed to board them while in motion, to an extent that induced its employés to admonish and remonstrate with him, and to charge him that…
2Cases cited7 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Hunter v. . C. S.V.R.R. Co.New York Court of Appeals · 1889
- Hunter v. Cooperstown & Susquehanna Valley RailroadNew York Court of Appeals · 1891
- Sculley v. New York, L. E. & W. R.New York Supreme Court · 1894
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3Cited by1 opinion
- Myers v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895