Donnegan v. . Erhardt
New York Court of Appeals
Appeal from order of the General Term of the Superior Gourt of the city of New York, made the first Monday of March, 1888, which reversed a judgment in favor of plaintiff entered upon a verdict, and ordered a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Superior Gourt of the city of New York, made the first Monday of March, 1888, which reversed a judgment in favor of plaintiff entered upon a verdict, and ordered a new trial. The nature of the action and the material facts are stated in the opinion. The order granting the new trial in this action is appealable and this court will review the decision of the General Term with the same thoroughness as if the appeal were from a judgment. (Code, §§ 190,191,1318; Baylies on N. T. & App. 145, 232; Pharis v. Gere, 112 N. Y. 411; Williams v. W. U. T. Co.,…
1Opinion of the CourtEabl, J.
While the plaintiff, in 1887, was in the employ of the defendant as a bralreman upon a train of cars in the night-time, the train came in collision with a horse upon the railroad track, and was thereby wrecked, and he was seriously injured. He brought this action to recover damages for his injuries, claiming that the horse got upon the railroad track because the defendant had carelessly and negligently permitted the fence along the railroad to become ruinous, broken down and out of repair; and that it had, therefore, violated the duty imposed upon it by section 44 of the General Railroad Act…
2Cases cited4 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Jetter v. New York & Harlem RailroadNew York Court of Appeals · 1865
- Brown v. . New York Central Railroad Co.New York Court of Appeals · 1866
- Langlois v. Buffalo & Rochester Rail RoadNew York Supreme Court · 1854
3Cited by26 opinions
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Dicaprio v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- DiCaprio v. New York Central RailroadNew York Court of Appeals · 1921
- Alexander v. Great Northern Ry. Co.Montana Supreme Court · 1916
- International & Great Northern Railway Co. v. ThompsonCourt of Appeals of Texas · 1903
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