Legal Opinion

O'Reilly v. Long Island Railroad

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

Decided April 15, 1896PublishedCited by 6 opinions

Appeal by the defendant, The Long Island Railroad Company,, from a judgment of the Court of Common Pleas for the city and. county of New York in favor of1 the plaintiff, entered in the office of the clerk of said court on the 12th day of October, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of October, 1895, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Rumsey, J.:

The plaintiff was injured by slipping on the sidewalk running along the side of the defendant’s ferry house in Long Island City, and she brings this action to recover damages for those injuries.

At the close of the plaintiff’s case the defendant moved to dismiss the complaint on the ground that there was no negligence shown on the part of the defendant railroad company. This motion was denied and the defendant excepted. The defendant then proceeded to give evidence and the case was submitted to the jury upon a charge which was not excepted to, and the result was a verdict for the…

2Cases cited1 opinion

  1. Welsh v. . WilsonNew York Court of Appeals · 1886

3Cited by6 opinions

  1. Dudley v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1907
  2. Kelly v. OtterstedtAppellate Division of the Supreme Court of the State of New York · 1903
  3. Gardner v. Regal Fruit Co.Oregon Supreme Court · 1934
  4. Kelly v. OtterstedtAppellate Division of the Supreme Court of the State of New York · 1903
  5. Binswanger v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905

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