Lewis v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant; the New York, Ontario and-Western Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 10th day of January, 1911, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 24th of January, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1DissentSpring, J.
Each bale of hay was about four feet and two inches long, two feet wide and twenty-two inches thick, weighing a little over 200 pounds. They were placed in the car standing on end, in two tiers one on top of the other. The car was well filled, and, as testified by one witness, “there was just'.room enoiigh to shut the door; piled just so close — so we couldn’t slide the door.” And by another witness: “The hay rubbed on the door when I opened it at the top.” The door was fastened and sealed by the station agent of the defendant, but there was no inspection as to the manner of loading by him or…
2Cases cited3 opinions
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- L. L.F. Ins. Co. v. . R., W. O.R.R. Co.New York Court of Appeals · 1894
- Van Alstine v. Standard Light, Heat & Power Co.Appellate Division of the Supreme Court of the State of New York · 1908