Newton v. New York, New Haven & Hartford 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 in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of January, 1904, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 11th day of January, 1904, denying the said defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of January, 1904, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 11th day of January, 1904, denying the said defendant’s motion for a new trial made upon the minutes. The action was originally begun by the testator of the present plaintiff, but he having died after the trial and pending the appeal, the present plaintiff…
1Dissent
Laughlin, J. (dissenting):
This action was brought by the decedent to recover for injuries sustained in the so-called tunnel accident. He testified in his own behalf upon the trial but died after the entry of judgment and his executrix was substituted. The negligence of the defendant and freedom from contributory negligence on the part of the decedent were conceded upon the trial and the only issue litigated was conceming the injuries and damages. The jury rendered a verdict for $12,500. The decedent was fifty-six years of age and his annual income was from $3,000 to $4,000. from his services;…
2Cases cited2 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Bruss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901