Hintze 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 Elver 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 Orange on the 15th day of February, 1911, upon the verdict of a jury for $9,000, and also from an order entered in said clerk’s office on the 14th day of February, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Carr, J.:
The defendant appeals from a judgment of $11,064.07 in an action to recover damages for the death of the plaintiff’s husband through the negligence of the defendant. The case was here before and a judgment in favor of the plaintiff was reversed (140 App. Div. 852). That reversal was based upon grounds which do not apply to the present judgment, for on the first trial it was left to the jury to find negligence on the *218part of the defendant from the conduct of a fellow-servant who was held by this court not to be a vice-principal within the meaning of section 42a of the Bailroad Law…
2Cases cited3 opinions
- 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
- Hintze v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by7 opinions
- Matutinovich v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- Bohringer v. CampbellAppellate Division of the Supreme Court of the State of New York · 1912
- Hauff & Stormo v. South Dakota Central Railway Co.South Dakota Supreme Court · 1914
- Horton v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1922
- Sipowicz v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1919
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