Thurber v. Harlem Bridge, Morrisania & Fordham Railroad
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second judicial department, reversing a judgment-in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff, through defendant’s negligence. On the 17th October, 1871, the plaintiff, a boy nine years of age, was on his way to school which he had attended for about a year.
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Appeal from an order of the General Term of the Supreme Court in the second judicial department, reversing a judgment-in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff, through defendant’s negligence. On the 17th October, 1871, the plaintiff, a boy nine years of age, was on his way to school which he had attended for about a year. In going he had to cross the “ Boston road,” Third avenue, Morrisania, through which ran defendant’s tracks. He was in company with two other lads; all were running…
1Opinion of the CourtAllen, J.
There having been no appeal from the Special to the General Term of the Supreme Court from the order denying the motion for a new trial, the court, at General Term, had jurisdiction only of the appeal from the judgment.. The order refusing a new trial was not before the court, and reviewable as an intermediate order involving the merits, and necessarily affecting the judgment within section 11, subsection 2 of the Code.
Errors of law alone, arising upon exceptions taken upon the trial, were, therefore, before the Supreme Court, and proper causes for reversing the judgment and granting a…
2Cases cited15 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Hartfield v. RoperNew York Supreme Court · 1839
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re Judicial Settlement of the Accounts of RogersAppellate Division of the Supreme Court of the State of New York · 1897
- Pray v. . HegemanNew York Court of Appeals · 1883
- Embury v. . SheldonNew York Court of Appeals · 1877
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- In re the application for probate of the will of SandsNew York Surrogate's Court · 1888
2 more not listed; retrieve them via the Exa API.