Deming v. . Terminal Railway of Buffalo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in charging the jury that the duty devolved upon the Terminal Railway Company of seeing that the works in connection with the building of this crossing were properly guarded, notwithstanding its contract with Smith & Daily to construct the same.…
1Opinion of the Court
Parker, Oh. J.
The Terminal Railway of Buffalo, a corporation duly organized under the laws of this state for the purpose of constructing a railroad to form a connecting.link between the Lake Shore and Michigan Southern and the New York Central and Hudson River railroads, was in 1.897 engaged in constructing its road from Depew to Blaisdell, to which end it entered into a contract with the firm of Smith & Lally by the terms of which that firm was to perform the entire work of construction in accordance with certain plans and specifications which were made a part of the contract. By the order…
2Cases cited13 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Blake v. . FerrisNew York Court of Appeals · 1851
- Butler v. . TownsendNew York Court of Appeals · 1891
- Uppington v. . City of New YorkNew York Court of Appeals · 1901
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3Cited by44 opinions
- Boylhart v. DiMarco & Reimann, Inc.New York Court of Appeals · 1936
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1914
- Hyman v. . BarrettNew York Court of Appeals · 1918
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
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