Sharp v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 29,1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The nonsuit was error, and there are no grounds on which it can be sustained.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 29,1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The nonsuit was error, and there are no grounds on which it can be sustained. (Rounds v. D., L. & W. R. R. Co., 64 N. Y. 129; Lynch v. Met. El. R. R. Co., 90 N. Y. 77; Cohen v. D. D., E. B. & B. R. R. Co., 69 N. Y. 170; Peck…
1Opinion of the CourtO’Brien, J.
The plaintiff’s intestate, a boy about seventeen years of age, was shot and killed on the 16th of May, 1901, by a man named Wheeler, at Salamanca. The boy, with one or two companions, got upon one of defendant’s freight cars at Elmira for the purpose of stealing a ride. They were running away from their homes and their destination was Youngstown, Ohio. When the train arrived at Salamanca, some sixty miles west, it appears that three men shouted to them that there were detectives in the yard and they proceeded to get off as quickly as possible. They jumped from the moving train and were…
2Cases cited7 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Becker v. . KochNew York Court of Appeals · 1887
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Magar v. . HammondNew York Court of Appeals · 1906
- Hoffman v. . N.Y. Cent. Hud. Riv. R.R. Co.New York Court of Appeals · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Title Guarantee Trust Co. v. . Pam.New York Court of Appeals · 1922
- Frank v. Wabash Railroad CompanySupreme Court of Missouri · 1956
- R. L. Stinson & East Coast Lumber Co. v. PrevattSupreme Court of Florida · 1922
- Lee v. City Brewing CorporationNew York Court of Appeals · 1939
- Carlisle v. . NorrisNew York Court of Appeals · 1915
38 more not listed; retrieve them via the Exa API.