Legal Opinion

Ayres v. . Delaware, L. W.R.R. Co.

New York Court of Appeals

Decided February 28, 1899PublishedCited by 25 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 24, 1896, unanimously affirming a judgment in favor of the plaintiff entered upon the verdict of a jury. This action was brought to recover damages for personal injuries alleged to have been sustained through the negligence of defendant. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 24, 1896, unanimously affirming a judgment in favor of the plaintiff entered upon the verdict of a jury. This action was brought to recover damages for personal injuries alleged to have been sustained through the negligence of defendant. The facts, so far as material, are stated in the opinion. Defendant was not liable for the act of the postal clerk in this case, and the court should, have so held when requested. (Carpenter v. B. & A. R. R. Co., 97 N. Y. 494; Muster v. C.,…

1Opinion of the CourtVann, J.

On the 23rd of October, 1891, the plaintiff, a physician residing at Saratoga, was called professionally to Brookfield in the county of Madison. The next day, on her way home, she went to Eorth Brookfield for the purpose of taking a train on the defendant’s railroad. She entered the depot by the rear door, bought her ticket, and after waiting nearly an hour for the train, which was late, went out on the platform through the front door in order to- enter a car. By this time it was dark and the lamps, by which the platform was usually lighted, were not burning, but a little light came through…

2Cases cited11 opinions

  1. Turner v. . City of NewburghNew York Court of Appeals · 1888
  2. Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
  3. Jennings v. . Van SchaickNew York Court of Appeals · 1888
  4. Moebus v. . HerrmannNew York Court of Appeals · 1888
  5. Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884

6 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
  2. Devoe v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
  3. Lendrum v. Village of CobleskillAppellate Division of the Supreme Court of the State of New York · 1920
  4. MacGregor v. Rhode Island CompanySupreme Court of Rhode Island · 1905
  5. McGuire v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1905

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