Cash 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-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 16th day of August, 1900, upon the-verdict'of a- jury for $5,000, and also from an order entered in said. •clerk’s office on the 14th day of August, 1900, denying the 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 16th day of August, 1900, upon the-verdict'of a- jury for $5,000, and also from an order entered in said. •clerk’s office on the 14th day of August, 1900, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries sustained by the plaintiff, a boy six years of age, through the alleged negligence of the…
1Opinion of the Court
Hatch, J.:
We think that the evidence in this cáse was sufficient to establish the negligence of the defendant. There were no circumstances ■existing, either of wind or tide, which made the management of the boat difficult, and there existed no obstructions or extraneous conditions which prevented the boat from entering its slip in the usual manner; therefore, when it appeared, as the evidence tends to show, *476that the boat- was so managed in entering the slip as to make the impact with the rack much harder than was either usual or necessary, if such act caused the injury of which complaint is…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
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