Lewis v. Binghamton Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Binghamton 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 Broome on the 16th day of May, 1898, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the 16th day of May, 1898, denying the defendant’s motion for a new trial made upon a case containing exceptions.
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Appeal by the defendant, the Binghamton 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 Broome on the 16th day of May, 1898, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the 16th day of May, 1898, denying the defendant’s motion for a new trial made upon a case containing exceptions. The plaintiff was employed by a contractor at work in paving a street for the city of Binghamton. On either side of each rail of the defendant’s railway which ran through that…
1Opinion of the Court
Parker, P. J.:
On the question whether the bell was rung as the car approached the plaintiff, the evidence is conflicting. Perhaps defendant’s witnesses are the more positive, yet plaintiff’s witnesses were in a position to have heard if it had rung. One of them is positive that it did not ring; and there is sufficient evidence to sustain the jury’s conclusion that it did not ring. It is not, in my judgment, a case where we can set aside that conclusion.
We must assume, therefore, that the bell- was not rung, and for this reason that negligence has been established against the defendant.
The men…
2Cases cited2 opinions
- Smith v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- Noonan v. New York Central & Hudson River RailroadNew York Supreme Court · 1891
3Cited by5 opinions
- Dinan v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1916
- Driscoll v. California Street Cable RailroadCalifornia Court of Appeal · 1926
- Isgro v. Plankinton Packing Co.Wisconsin Supreme Court · 1922
- Reilly v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Pliss v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1923