Hickenbottom v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme -Court in the first judicial department, entered upon an order made January 10, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion to set aside said verdict and grant a new trial. This action was brought to recover damages for injuries received by plaintiff while boarding one of defendant’s trains. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme -Court in the first judicial department, entered upon an order made January 10, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict, and affirmed an order denying a motion to set aside said verdict and grant a new trial. This action was brought to recover damages for injuries received by plaintiff while boarding one of defendant’s trains. The facts, so far as material, are stated in the opinion. In actions of this character the damages that may be recovered must be the natural and proximate consequences of the…
1Opinion of the CourtBradley, J.
In October, 1885, at ¡Newark, ¡N*. J., the plaintiff, while in the act of getting on board the defendant’s train of cars to return to the city of ¡New York where he *96resided, fell upon the track and received severe and permanent injuries. He charged that they were occasioned solely by the negligence of the defendant in not giving him a reasonable time to get onto the train before it was started. And upon that subject the evidence on the part of the plaintiff tended to prove that when he reached the train and proceeded to get aboard it was standing still at the station; that he. stepped onto…
2Cases cited4 opinions
- Lyons v. . Erie Railway CompanyNew York Court of Appeals · 1874
- Ransom v. . the N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Crippen v. . MorssNew York Court of Appeals · 1872
- Brassell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
3Cited by9 opinions
- Rettig v. Fifth Avenue Transportation Co.The Superior Court of the City of New York and Buffalo · 1893
- Doherty v. LordNew York Court of Common Pleas · 1894
- People v. WilliamsNew York Supreme Court · 1895
- Brady v. CassidyNew York Court of Common Pleas · 1894
- Randall v. PackardNew York Court of Common Pleas · 1892
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