Vroom v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Elver Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 27th day of May, 1908, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 27th day of May, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Williams, J. (dissenting):
The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide event.
The action was brought to recover damages for the death of Benjamin H. Vroom, alleged to have resulted from the negligence of the defendant.
The only question involved in this appeal is whether the exemptions from liability in the pass on which the deceased was' riding at the time he met liis death, bars this right of action, and this question is dependent upon the further question whether he was riding on the defendant’s car at the time as its employee, or as…
2Cases cited4 opinions
- Johnston v. . FargoNew York Court of Appeals · 1906
- Vick v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Kelly v. National Savings BankAppellate Division of the Supreme Court of the State of New York · 1908
- Schradin v. New York Cent. & H. R. R.New York Supreme Court · 1907