McPhillips v. New York, New Haven & Hartford Railroad
New York Court of Common Pleas
Motion for reargument. Action by Patrick J. McPhillips, administrator of John B. McPhillips, deceased, against the Yew l"ork, New Haven & Hartford Railroad Company, to recover damages for the death of plaintiff’s intestate alleged to have been-caused by defendant’s negligence. The case was tried three times.
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Motion for reargument. Action by Patrick J. McPhillips, administrator of John B. McPhillips, deceased, against the Yew l"ork, New Haven & Hartford Railroad Company, to recover damages for the death of plaintiff’s intestate alleged to have been-caused by defendant’s negligence. The case was tried three times. On a< former trial, the turning point in the case being whether plaintiff’s intestate-had crossed and attempted to recross defendant’s track in full view of its1 rapidly approaching engine, plaintiff testified that he made a careful inspection of tfie scene of the accident a few days…
1Per curiam
The learned counsel for the respondent is quite mistaken in the supposition that the court misconceived the evidence in the record, and confounded the evidence on a former trial with the evidence on the trial under review. Having laid the foundation, imperative in the case of a witness not a party, but here unnecessary, the defendant introduced the testimony of the' plaintiff, Patrick J. McPhillips, on a former trial, as follows: “Question. „What is the distance * * * as to where the train was when he [the intestate] fell? Answer. Between the third pole, 277, feet from where he fell. Q. Did…
2Cited by1 opinion
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