Wilcox v. New York, L. E. & W. Railroad
New York Supreme Court
Appeal from circuit court, Chemung county. Action by Theodore L. Wilcox against the New York, Lake Erie & Western Railroad Company. From' a judgment entered on a verdict in favor of plaintiff for $5,000, and from an order denying a motion for a new trial, made on a case and exceptions, defendant appeals.
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Appeal from circuit court, Chemung county. Action by Theodore L. Wilcox against the New York, Lake Erie & Western Railroad Company. From' a judgment entered on a verdict in favor of plaintiff for $5,000, and from an order denying a motion for a new trial, made on a case and exceptions, defendant appeals. Plaintiff alleges that on the 9th of June, 1888, in the city of Elmira, while he was upon Water street, he received injuries occasioned by the negligence of defendant in operating its train of cars, and that he was free from con-tributary negligence at the time of receiving the injuries; and…
1Opinion of the CourtHardin, P. J.
Appellant’s learned counsel contends that the evidence was insufficient to warrant the submission of the question of the defendant’s negligence to the jury. Plaintiff, when injured, was driving an omnibus from the depot towards the hotel, about 6 o’clock in the morning of the 9th of June, 1888, and while crossing the tracks of the defendant, where they intersect Water street in the city of Elmira, the approaching train of the defendant collided with the omnibus, and caused the plaintiff to receive the injuries of which he complains. There are some buildings which obstructed a person’s view…
2Cases cited6 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Chisholm v. . StateNew York Court of Appeals · 1894
- Mills v. Brooklyn City RailroadNew York City Court · 1894
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