Hoffman v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue 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 23d day of March, 1899, upon the verdict of a jury for $1,250, and also from an order entered in said clerk’s office on the 21st day' of March, 1899, denying the defendant’s motion for a new trial made upon the minutes and upon the ground of surprise.
1Opinion of the Court
Ingraham, J.:
The complaint, after alleging the incorporation of. the defendant as a common carrier, set forth that “ for the purpose of receiving from and delivering to the general post office in the city of N ew Y ork the said mail cars, the defendant constructed side tracks running-off and from the ■ main tracks of defendant on Park Row near Mail street to the general post office, and constructed switches and frogs to connect said side tracks with the aforesaid main tracks on said Park Row; ” that “ said side tracks are connected with defendant’s main tracks on said Park Row by a movable…
2Cases cited1 opinion
- Seybolt v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
3Cited by5 opinions
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Spencer Livestock Commission Company Mike Donaldson v. Department of AgricultureCourt of Appeals for the Ninth Circuit · 1988
- Rosenberg v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Amato v. GallejaAppellate Division of the Supreme Court of the State of New York · 1947
- De Yoe v. Seattle Electric Co.Washington Supreme Court · 1909