Jewell v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York' Central and Hudson. River Railroad Company, from a judgment of the Supreme Court. in favor of the plaintiff, entered in the office of the clerk of the county of Genesee on the 3d day of June, 1897, upon the verdict of a jury for $4,000, and also from an order made at the Erie Special Term and entered in the office of the clerk of the county of Genesee on the 2d day of June, 1897, denying the defendant’s motion for a new trial made upon…
Read the full summary
Appeal by the defendant, The New York' Central and Hudson. River Railroad Company, from a judgment of the Supreme Court. in favor of the plaintiff, entered in the office of the clerk of the county of Genesee on the 3d day of June, 1897, upon the verdict of a jury for $4,000, and also from an order made at the Erie Special Term and entered in the office of the clerk of the county of Genesee on the 2d day of June, 1897, denying the defendant’s motion for a new trial made upon a case containing exceptions. The plaintiff brings this action to recover damages for personal injuries which he claims…
1Opinion of the Court
Adams, J.:
Upon the facts above narrated, as to which there was not much controversy, we are unable to discover how it • can be successfully contended that the question of the defendant’s negligence was not properly submitted to the jury. The train which struck the plaintiff was at least half an hour behind time and running at a rate of speed which no witness places at less than twenty miles an hour, between the Attica train and the depot, at a time when the latter train had just arrived at the station and was about to discharge its passengers. This was not only gross negligence, but it was in…
2Cases cited4 opinions
- Terry v. . JewettNew York Court of Appeals · 1879
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Distler v. . Long Island R.R. Co.New York Court of Appeals · 1897
- McKeon v. Steinway Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Briggs v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Briggs v. New York Central & Hudson River RailroadNew York Court of Appeals · 1903