Newton v. New York, New Haven & Hartford 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 New York on the 5th day of January, 1904, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 11th day of January, 1904, denying the said 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 New York on the 5th day of January, 1904, upon the verdict of a jury for $12,500, and also from an order entered in said clerk’s office on the 11th day of January, 1904, denying the said defendant’s motion for a new trial made upon the minutes. The action was originally begun by the testator of the present plaintiff, but he having died after the trial and pending the appeal, the present plaintiff…
1Opinion of the Court
Ingraham, J.:
The plaintiff’s testator was a passenger upon one of the cars of the New York, New Haven and Hartford Railroad Company coming into the city of New York on the 8tli day of January, 1902. The New York, New Haven and Hartford Railroad Company, as ■an entrance into New York, uses the tracks of the defendant, the New York Central and Hudson River Railroad Company, under an arrangement with that road. While coming through a tunnel ■approaching the depot in the city of New York the train upon which the plaintiff’s testator was a passenger stopped and one of the trains of the New York…
2Cases cited1 opinion
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
3Cited by3 opinions
- Battalla v. StateNew York Court of Appeals · 1961
- Kraus v. StateNew York Court of Claims · 1962
- Mackey v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906