Heenan v. New York, West Shore & Buffalo Railway Co.
New York County Courts
Action to recover damages occasioned by the defendants negligently running one of its locomotives against a horse and wagon of the plaintiff injuring the same. Other facts are stated in the opinion.
1Opinion of the Court
Nott, Gounty Judge.
— This is an action to recover damages for injury to personal property caused by defendant’s negligence in operating its railroad through the village of West Troy, in this county. The case was tried and submitted to the jury, which rendered a verdict for the plaintiff. The defendant now moves for a new trial, and that the complaint herein be *54dismissed. Two questions are presented for the consideration of the court, first, whether this court has such jurisdiction as to entertain the action; and second, if it has not, has the defendant waived, or is it concluded from raising…
2Cases cited18 opinions
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Frees v. . FordNew York Court of Appeals · 1852
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
- Gracie v. PalmerSupreme Court of the United States · 1823
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
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