Moeller v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Oneida county. . Action by Elizabeth Moeller, administratrix, against the Delaware, Lackawanna & Western Railroad Company. From a judgment in favor of plaintiff, defendant appeals. This case has been twice tried. Upon the first trial the plaintiff recovered a verdict, and the judgment entered thereon was reversed by this court.
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Appeal from trial term, Oneida county. . Action by Elizabeth Moeller, administratrix, against the Delaware, Lackawanna & Western Railroad Company. From a judgment in favor of plaintiff, defendant appeals. This case has been twice tried. Upon the first trial the plaintiff recovered a verdict, and the judgment entered thereon was reversed by this court. The case was again tried, and submitted to the jury, over the. defendant’s objection and exception, with the same result as upon the first trial. A motion was thereupon made for a new trial upon the minutes of the court, which was denied; and…
1Opinion of the CourtAdams, P. J.
The essential facts of this case so fully appear in the reported decision thereof upon the former appeal (13 App. Div. 467, 43 N. Y. Supp. 603) that it will be unnecessary to detail them with much particularity at the present time. Suffice it to say that while, upon the last trial, the plaintiff’s evidence as to the failure of the defendant to promulgate its rules or enforce their observance by its employés was somewhat strengthened, the fact nevertheless remains, and as to this there is and can be no dispute, that the rules adopted by the defendant were entirely reasonable, and well…
2Cases cited2 opinions
- Corcoran v. . Delaware, Lackawanna and Western Rd. Co.New York Court of Appeals · 1891
- Moeller v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897