Miles v. Fonda, J. & G. Railroad
New York Supreme Court
Appeal from circuit court, Montgomery county. Action by Clarissa Miles against the Fonda, Johnstown & Gloversville Railroad Company for injuries from a collision. From ,a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for á new trial, defendant appeals.
1Dissent
HERRICK, J. (dissenting).
This is an appeal from a judgment rendered upon the verdict of a jury in favor of the plaintiff and against the defendant. The action is founded upon an accident that occurred on the 10th day of May, 1893. Another case arising out of the same accident has been heretofore before this court (Shires v. Railroad Co.), and is reported in 80 Hun, 92, 30 N. Y. Supp. 175. The facts in each case are substantially the same. Practically the only difference is that in that case the action was brought by the driver of the wagon that collided with defendant’s train, and in this…
2Cases cited1 opinion
- Shires v. Fonda, J. & G. R.New York Supreme Court · 1894