Benoit 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 Jefferson on the 9th day of June, 1903, 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 May, 1903, denying- the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought to recover damages for personal injuries received by the plaintiff through the falling of defendant’s passenger depot at Cape Vincent in Jefferson county. The building collapsed during a severe wind storm, and it is claimed that defend*25ant was negligent in not maintaining it in a proper condition of repair, strength and safety.
The action is one of several arising out of the same' accident. The evidence in all of these is substantially the same so far as it relates to the circumstances leading up to and surrounding the falling of the station, and to…
2Cases cited4 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Williams v. . B.E.R.R. Co.New York Court of Appeals · 1891
- Halpern v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Fitzgerald v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by15 opinions
- Brown v. Emerson Brick Co.Court of Appeals of Georgia · 1914
- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Ryer v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1906
- Nodine v. StateNew York Court of Claims · 1948
- Claim of Hudspith v. Pierce-Arrow Motor Car Co.Appellate Division of the Supreme Court of the State of New York · 1917
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