Sullivan v. . Tioga R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 30, 1887, which affirmed a judgment in favor of plaintiff entered on a verdict. (Reported below, 44 Hun, 304.) The nature of the action and the facts are sufficiently stated in the opinion. The question of defendant’s negligence was an issue to be decided upon the facts as they then existed, unprejudiced by what may have been done at other times.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 30, 1887, which affirmed a judgment in favor of plaintiff entered on a verdict. (Reported below, 44 Hun, 304.) The nature of the action and the facts are sufficiently stated in the opinion. The question of defendant’s negligence was an issue to be decided upon the facts as they then existed, unprejudiced by what may have been done at other times. (Payne v. T. & B. R. R. Co., 9 Hun, 320; Dougan v. C. T. Co., 56 N. Y. 1; Salters v. D. & H. C. Co., 10 S. C., N. Y.…
1Opinion of the CourtDanforth, J.
Action to recover damages for injuries inflicted upon plaintiff’s intestate through negligence of defendant’s servants. The trial judge refused to nonsuit and jury found for the plaintiff. Motion for a new trial was denied at Special Term, and from order there made, and from judgment entered upon verdict, an appeal was taken to General Term where both were affirmed. (44 Hun, 304.) This appeal is against that decision.
The place of accident was the yard of the Rew York, Lake Erie and Western Railroad Company, at Elmira. It contained, among others, a switch track running at one point over an…
2Cases cited1 opinion
- Smith v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1859
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- Sanford v. Standard Oil Co. of New YorkNew York Court of Appeals · 1890
- Haskell & Barker Car Co. v. TrzopIndiana Supreme Court · 1920
- Batton v. Public Service Corp.Supreme Court of New Jersey · 1908
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