White v. Lewiston & Youngstown Frontier Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Lewiston and Youngstown Frontier Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 11th day of Hay, 1903, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 23d day of July, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to appellant to abide event.
The action was brought to recover damages for personal injuries to the plaintiff alleged to have been caused by the negligence of the defendant.
Defendant was operating a street railroad from- Lewiston to the government reservation, a little north of Youngstown in Niagara county. The plaintiff was a conductor upon one of its cars. The *6end of the track at the reservation was in the woods, and there was no bumper or other obstruction to.prevent a car from running off the track.…
2Cases cited4 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Goetz v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Vandewater v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- New York, N. H. & H. R. v. VizvariCourt of Appeals for the Second Circuit · 1913
- Booth v. Town of OrleansNew York Supreme Court · 1910