Cooney v. Northern Central Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Northern Central Railway Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 23d day of February, 1917, upon the verdict of a jury for $7,000, and also from an order entered in said clerk’s office on the 6th day of March, 1917, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Foote, J.:
Plaintiff’s intestate died on January 26, 1915, as a result of injuries received by him on January 6, 1915, by being precipitated to the ground from the top of a load of straw loaded upon a sleigh which he was driving along the highway in the town of Milo in‘the county of Yates. The accident happened when the forward bobs of the sleigh descended into a pitch hole in the snow in the highway, whereby the sleigh and load of straw were overturned.
Plaintiff, as administrator, has recovered for the death of her intestate, on the ground that the defendant the Northern Central Railway…
2Cases cited8 opinions
- Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Bennett v. . Long Island Railroad Co.New York Court of Appeals · 1905
- Erwin v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Leffmann v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1907
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