Phillips v. New York & N. E. R.
New York Supreme Court
Appeal from circuit court, Dutchess county. Action by Joseph Y. Phillips against the Yew York & Yew England Railroad Company to recover damages for personal injuries. From a judgment entered on a verdict in favor of plaintiff for §2,000, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtGulley, J.
This is an appeal from a judgment for the plaintiff entered upon the verdict of the- jury at circuit. The action is to recover damages for personal injury. According to the plaintiff’s story, a freight train of the defendant stood across a highway near Hopewell, in Dutchess county, for from a half to three-quarters of an hour, completely preventing passage along the highway. The plaintiff desired to cross. After remaining this length of time for the train to move clear of the highway crossing, he applied to a brakeman to learn how long the train was to remain. He was told to climb “right…
2Cases cited1 opinion
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
3Cited by5 opinions
- Texas & New Orleans Railroad v. McLeodCourt of Appeals of Texas · 1910
- Wall v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Wall v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Wall v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Wall v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900