Legal Opinion

Shoemaker v. New York Central & Hudson River Railroad

New York Supreme Court

Decided November 14, 1888PublishedCited by 8 opinions

Appeal from circuit court, Oneida county. Action by Henry C. Shoemaker against the New York Central & Hudson River Railroad Company for personal injuries. Verdict for plaintiff, and defendant appeals.

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Appeal from circuit court, Oneida county. Action by Henry C. Shoemaker against the New York Central & Hudson River Railroad Company for personal injuries. Verdict for plaintiff, and defendant appeals. The exceptions referred to were to the following: Folio 116, question as to whether plaintiff had met with other accidents caused by his negligent or careless driving; folio 150, whether, if plaintiff had complained of other injuries, the witness would have recollected it; 150-158, whether the limb could be kept in an irritated condition, so as to exhibit evidence of soreness, without permanent…

1Opinion of the CourtFollett, J.

Appeal from a judgment entered on a verdict, and from an order denying a motion for a new trial, made on the minutes, and heard in this court on a case which contains all the evidence. Defendant's freight-house at Rome is on the north side of its railroad, and on the east side of Ridge street, which extends across the railroad. For at least three years before the accident, lift-gates had been kept on both sides of the railroad, and one Gilbo was charged with the duty of lowering them across this street upon *932the approach of trains. Five tracks cross this street,—four traffic tracks, numbered…

2Cited by8 opinions

  1. Sirianni v. SirianniAppellate Division of the Supreme Court of the State of New York · 1961
  2. Wall v. Delaware, Lackawanna & Western RailroadNew York Supreme Court · 1889
  3. Barber v. BarnumAppellate Division of the Supreme Court of the State of New York · 1907
  4. In re StrasburgerNew York Supreme Court · 1889
  5. Jarrard v. BissellNew York Supreme Court · 1889

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