Thuringer v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Oneida county. Action by Mary Ann Thuringer against the New York Central & Hudson River Railroad Company for negligence. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
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Appeal from circuit court, Oneida county. Action by Mary Ann Thuringer against the New York Central & Hudson River Railroad Company for negligence. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. The complaint alleges: “The said defendant wrongfully and unlawfully and negligently permitted and allowed water to flow and escape from-the water pipe, tank, and its locomotives, * * * and from the premises of defendant, on the sidewalk of said James street, in the city of Rome, the same being á public street, and wrongfully and unlawfully and…
1Opinion of the CourtHabdin, P. J.
1. On the 10th of January, 1892, the plaintiff resided in the Hager block, on James street, in the city of Home, and had occasion to visit Antmann’s, south of the railroad. About 9 o’clock, in company with her son, a boy some 14 years old, she started to return to her residence, passing along the sidewalk on the westerly side of James street, towards the defendant’s road, near its water tank; and she testifies:
“My both feet went out from under me, and I went down in a heap. I tried to get up, and I couldn’t. I fell again, and I discovered ice under my hand, and I looked up, and saw the water…
2Cases cited5 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Coleman v. . BurrNew York Court of Appeals · 1883
- Brooks v. . SchwerinNew York Court of Appeals · 1873
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- McGoldrick v. New York Central & Hudson River RailroadNew York Supreme Court · 1892
3Cited by6 opinions
- Becker v. Lincoln Real Estate & Building Co.Missouri Court of Appeals · 1906
- Brown v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1897
- Klapper v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1901
- Loretz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Thuringer v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
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