Hoffman v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of - the city, of New York, entered upon an order made December 6, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 14 J. & S. 526.) The action was brought to recover damages for injuries alleged to have been caused by the unlawful act of an employe of defendant.
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Appeal from judgment of the General Term of the Superior Court of - the city, of New York, entered upon an order made December 6, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 14 J. & S. 526.) The action was brought to recover damages for injuries alleged to have been caused by the unlawful act of an employe of defendant. Plaintiff’s evidence was to the effect that he jumped upon the steps of a car in a passenger train on defendant’s road, as the train was passing along a street in the city of Hew York, and sat down upon the platform of the…
1Opinion of the Court
Andrews, Ch. J.
The jury have found that the plaintiff was kicked from the car while in motion, by the conductor or brakeman. There was a very sharp conflict of evidence upon this question. The testimony of the conductor and brakeman, and of a by-stander, tended strongly to show that neither the conductor, nor brakeman, touched, or said any thing to the plaintiff, and that he and other boys jumped off the platform of the car, as the brakeman came out of the door.
It is not claimed that the finding of the jury upon this issue is unsupported by evidence, and the point is not raised *30by any…
2Cases cited2 opinions
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Winne v. . McDonaldNew York Court of Appeals · 1868
3Cited by13 opinions
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- Moore v. Atchison, T. & S. F. Ry. CoSupreme Court of Oklahoma · 1910
- Golden v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Galveston, Harrisburg & San Antonio Railway Co. v. ZantzingerTexas Supreme Court · 1899
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