Lilly v. . N.Y.C. H.R.R.R. Co.

The plaintiff was run over by what is termed in the case an ash car, on one of the tracks of defendant's road, near the Grand Central Depot in New York, on the 30th of October, 1880, and the accident resulted in the loss of both his legs. He brought an action against defendant to recover the damages which he thus sustained, and upon the trial he was nonsuited and the nonsuit upon appeal was sustained by the General Term and from the judgment of affirmance the plaintiff has appealed to this court.

Upon the trial the plaintiff gave evidence tending to prove the following facts: He was a brakeman…