Wall v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 12th day of March, 1900, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 19th day of March, 1900, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 12th day of March, 1900, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 19th day of March, 1900, denying the defendant’s motion for a new trial made upon the minutes. The action was -commenced on the 20th day of January, 1899, to recover' damages for injuries; sustained by the plaintiff on the 29th day of November, 1897, while…
1Concurrence
Spring, J.:
I concur in the opinion of Mr. Justice McLennan except that in my judgment it does not give adequate effect to the invitation of the brakeman to the plaintiff to cross between the cars of the freight train. The. plain tiff testified : “ After this gentleman told me to go across— a brakeman that had a lamp in his hand r— after he told me to cross across there was one or two out of the crowd that did take and went across and I jumped on and was just getting off on the other side when the train gave a jerk and jerked me off and my leg. got under the wheel before I could get myself up…
2Cases cited3 opinions
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Distler v. . Long Island R.R. Co.New York Court of Appeals · 1897
- Phillips v. New York & N. E. R.New York Supreme Court · 1894