Pearsall v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far a's material, are" stated in the opinion. No negligence was shown on the part of defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far a's material, are" stated in the opinion. No negligence was shown on the part of defendant. (Sisco v. N. Y. C. & H. R. R. R. Co., 145 N. Y. 296; Kudik v. L. V. R. R. Co., 78 Hun, 492; Smith v. N. Y. C. & H. R. R. R. Co., 88 Hun, 468; Barrigan v. N. Y., L. E. & W. R. R. Co., 131 N. Y. 582; Niles v. N. Y. C. &…
1Opinion of the CourtO’Brien, J.
The plaintiff was seriously and permanently injured on the 12th of September, 1901, at about two o’clock in the morning of that day, by the derailing of the train upon which he was the engineer at a place called Eastwood, a few miles east of Syracuse, on the West Shore railroad, which constituted a part of the defendant’s system. The train was westbound, a fast express, in charge of the plaintiff as engineer, and after crossing a bridge east of the point where the accident occurred was running at the rate of forty or fifty miles an hour. The primary cause of the derailment and consequent…
2Cases cited4 opinions
- Berrigan v. . New York, Lake Erie and Western Rd. Co.New York Court of Appeals · 1892
- Sisco v. Lehigh & Hudson River Railway Co.New York Court of Appeals · 1895
- Corcoran v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1891
- Smith v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
3Cited by1 opinion
- Schwer v. New York, Chicago & St. Louis Rd. Co.Ohio Supreme Court · 1954