Foley 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 Eiver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 13th day of October, 1908, Upon :the verdict of a jury for $1,100, and also from an order entered in said clerk’s office on the 19th day of October, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was brought to recover damages for the death of plaintiff’s intestate, alleged to have been caused by the negligence of the defendant.
Deceased was a boy eight years and eight months of age, and the verdict was moderate, $1,100. He was riding with one Gardner in an empty coal wagon, both standing up near the front, and there was only one horse attached to the wagon. It was in the daytime, and they were crossing a branch track of defendant’s road, along a right of way, when an engine backing along the branch struck…
2Cases cited4 opinions
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Robinson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Sherwood v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Robinson v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1904
3Cited by1 opinion
- Potter v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909