Wall v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Onondaga county. Action by Patrick Wall against the New Tork Central & Hudson River Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from trial term, Onondaga county. Action by Patrick Wall against the New Tork Central & Hudson River Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The action was commenced on the 20th day of January, 1899, to recover damages for injuries sustained by the plaintiff on the 29th day of November, 1897, while attempting to pass between the cars of a freight train standing across South West street, in the city of Syracuse, alleged to have been caused through the negligence of the defendant.
1ConcurrenceSpring, J.
T concur in the opinion of Mr. Justice McLENNAN, except that, in my judgment, it does not give adequate effect to the invitation of the brakeman to the plaintiff to cross between the cars of the freight train. The plaintiff testified:
“After this gentleman told me to go across,—a brakeman that had a lamp in his hand,—after he told me to cross across, there was one or two out of the crowd that did take and went across, and I jumped on, and was just getting off on the other side, when the train gave a jerk, and jerked me off, and my leg got under the wheel before I could get myself up, and…
2Cases cited3 opinions
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Distler v. . Long Island R.R. Co.New York Court of Appeals · 1897
- Phillips v. New York & N. E. R.New York Supreme Court · 1894