Hurl v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
, Appeal by the defendant, The Hew 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 Onondaga on the ,21st day of February, 1901, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 6th day of March, 1901, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
, Appeal by the defendant, The Hew 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 Onondaga on the ,21st day of February, 1901, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 6th day of March, 1901, denying the defendant’s motion for a new trial made upon the minutes. This action was brought by the plaintiff to recover damages for personal injuries sustained by him upon the 11th day of December, 1898, in consequence of a…
1Opinion of the Court
Adams, P. J.:
Upon the foregoing somewhat complicated state of facts the learned trial court, after holding as matter of law that the plaintiff was not a co-employee of the defendant’s servants, submitted three questions of fact to the jury, at the same time virtually instructing them that if they answered either one of them in the affirmative they might return a verdict in favor of the plaintiff, provided they also found that he was free from contributory negligence.
These questions, although not reduced to writing, were substantially as follows, viz.: (1) Was the defendant negligent because…
2Cases cited8 opinions
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
- Moore v. . GoedelNew York Court of Appeals · 1866
- Harris v. . PerryNew York Court of Appeals · 1882
- Schenck v. . AndrewsNew York Court of Appeals · 1874
- Sullivan v. . Tioga R.R. Co.New York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Berry v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1909