Knieriem v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court m favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of December, 1910, upon the verdict of' a jury for $1,838, and also from an order entered in said clerk’s office on the Ith day of December, 1910, denying the defendant's motion for a new trial made upon the minutes. y' .
1Opinion of the Court
Clarke, J.:
This is an action by a passenger' on one of defendant’s trains to recover for the loss of $1,180 in money and a gold watch of the value of $50 lost or destroyed in a railroad accident near Pawling. The law of this case was settled so far as the Trial Term and this court are concerned upon the former appeal (109 App. Div. 709).
Upon the former trial the complaint had been dismissed before the taking of any evidence. We said: “The dismissal of the complaint was error. The evidence should have been taken, and the questions thereon arising would have been the negligence of the…
2Cases cited5 opinions
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Hasbrouck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- Merrill v. . GrinnellNew York Court of Appeals · 1864
- Carlson v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1888
- Knieriem v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Van Dike v. Pullman Co.City of New York Municipal Court · 1932