Edgerton v. New York & Harlem Rail Road
New York Supreme Court
APPEAL from a judgment entered at a special term, on the verdict of a jury, and from a subsequent order denying a motion for a new trial. This was the second trial of the action. On the first trial the plaintiff was nonsuited. The court, on appeal, granted a new trial. See same case, ante, p. 193, where the facts are stated. On the second trial the proof was similar to that given on the first.
Read the full summary
APPEAL from a judgment entered at a special term, on the verdict of a jury, and from a subsequent order denying a motion for a new trial. This was the second trial of the action. On the first trial the plaintiff was nonsuited. The court, on appeal, granted a new trial. See same case, ante, p. 193, where the facts are stated. On the second trial the proof was similar to that given on the first. It appeared that the car in which the plaintiff was a passenger ran off, the track, in crossing the Hudson and Berkshire rail road, at Chatham Four Corners, the forward truck running upon one track, and…
1Opinion of the Court
By the Court, Emott, J.
When this case was before us on a former occasion, we held expressly, upon a similar state of facts to that which is now presented, that the plaintiff should not have been nonsuited. There is nothing in the case as it now comes before us, or in the argument of the defendants’ counsel upon it, to require us to reconsider that determination. It is said that the complaint is not framed so as to meet the present theory of the plaintiff’s counsel. But it will be found that although the complaint, in the passage cited by the defendants’ counsel, states the occurrence with…
2Cases cited1 opinion
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
3Cited by8 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Pagnillo v. Mack Paving & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Quinn v. Town of SemproniusAppellate Division of the Supreme Court of the State of New York · 1898
- Roblee v. Town of Indian LakeAppellate Division of the Supreme Court of the State of New York · 1896
3 more not listed; retrieve them via the Exa API.