Piper v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Kings county. Action by Elwin S. Piper against the New York Central & Hudson River Railroad Company to recover damages for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. From a judgment entered on a verdict directed in favor of defendant, plaintiff appealá. Reversed.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment for the defendant upon a verdict at circuit, directed by the court. The plaintiff, on an evening in January, took a sleeping car at Albany, bound for New York, where the train was to arrive at 6:30 in the morning. His testimony was to the effect that on the approach of the train to the city, about 6 o’clock, he was awakened by the porter p-that, partially dressed, he started for the washroom, which he found wholly dark; that, to comply with a call of nature, he felt for the water-closet, the location of which he knew, having been there the night before; that…
2Cases cited1 opinion
- Carpenter v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1891
3Cited by3 opinions
- Levien v. WebbCity of New York Municipal Court · 1899
- Spallen v. Pullman Co.Supreme Court of Minnesota · 1922
- Levien v. WebbCity of New York Municipal Court · 1899