Mahar v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Mahar, from an order of the Supreme Court, made at the Orleans Circuit and entered in the office of the clerk of the county of Orleans on the 28th day of December, 1895, denying the plaintiff’s motion for a new trial made upon the minuted, after a verdict rendered by a jury in favor of the defendant by direction of the court on a trial at the Orleans Circuit.
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Appeal by the plaintiff, Margaret Mahar, from an order of the Supreme Court, made at the Orleans Circuit and entered in the office of the clerk of the county of Orleans on the 28th day of December, 1895, denying the plaintiff’s motion for a new trial made upon the minuted, after a verdict rendered by a jury in favor of the defendant by direction of the court on a trial at the Orleans Circuit. The action was brought to recover damages for an injury to the plaintiff, a passenger on defendant’s railroad, alleged to have been, caused by the negligence of the defendant.
1Opinion of the Court
Ward, J.:
On the 18th of February, 1891, the plaintiff, a lady of about fifty-six years of age, about noon of that day, purchased a ticket at Lyndonville, Orleans county, N. Y., a station on the Rome, Water-town and Ogdensburg railroad, a railroad operated by the defend*24ant, for her home at County Line, a station on this railroad, four miles west of Lyndonville, and entered the defendant’s passenger train, consisting of a smoking car and a chair car in the rear of the .smoker. She took a seat in the chair ear, two seats from the door, at the forward end of the car. The conductor of the train…
2Cases cited18 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Morgan v. Southern Pac. Co.California Supreme Court · 1892
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
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3Cited by2 opinions
- Maher v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Carroll v. StateNew York Court of Claims · 1911