Rosenthal v. New York
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant,, the New York, Susquehanna and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the offiee of the clerk of the county of New York on the 16th day of May,' 1905, upon the verdict".of a jury for $6,000, a$ amended by an order entered on the 7th day of June, 1905, and also from an order entered in said clerk’s office on the 7th day of June,-1905, denying the defendant’s motion for a new trial made:…
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' Appeal by the defendant,, the New York, Susquehanna and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the offiee of the clerk of the county of New York on the 16th day of May,' 1905, upon the verdict".of a jury for $6,000, a$ amended by an order entered on the 7th day of June, 1905, and also from an order entered in said clerk’s office on the 7th day of June,-1905, denying the defendant’s motion for a new trial made: upon the minutes. -
1Opinion of the Court
McLaughlin, J.:
It appeared fróm the .plaintiff’s proof that on the 16th of August, 1901, plaintiff’s intestate was walking on the ties across a single-track bridge of the defendant which span's the Delaware river at a place called Delaware Water Gap. The rails and the ties upon which they rested were elevated about three feet above the crossbeams or girders which extended between two and- three feet from the track to abutments on which they rested.
After entering upon the bridge the intestate saw ' a freight train approaching and thereupon he and his companion,, a sister, got down from the…
2Cases cited4 opinions
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Sutton v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1876
- Lagerman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- McKenna v. New York Central & Hudson River RailroadNew York Court of Common Pleas · 1879
3Cited by5 opinions
- Neuberger v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Bragg v. Central New England Railway Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Petur v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Rosenthal v. New York, Susquehanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Ryan v. Central Delivery Co.City of New York Municipal Court · 1916