Reed v. New York Central Railroad
New York Supreme Court
APPEAL from an order of the special term denying a new trial. The action was brought to recover damages for injuries which the plaintiff claimed to have sustained by the negligence of the defendant, while he was a passenger on one of its trains.
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APPEAL from an order of the special term denying a new trial. The action was brought to recover damages for injuries which the plaintiff claimed to have sustained by the negligence of the defendant, while he was a passenger on one of its trains. The issue was tried at a circuit court, before a jury, and a verdict was rendered in favor of the plaintiff for $4000. The defendant moved, at a special term, for a new trial, upon a case and exceptions, claiming that the court erred in admitting improper testimony offered for the plaintiff, and in rejecting proper testimony offered for the defendant,…
1Opinion of the Court
*495 By the Court,
Foster, J.
The action was tried in September, 1866, and it appeared that on the 17th day of June, 1865, the plaintiff 'was a passenger on a train of the defendant, going west to Syracuse, where he resided. The train was a very large one, and when it was from one mile and a half to two miles easterly of Oneida station, and running at the rate of from twenty-five to thirty miles per hour, the two rear cars of the train, in the foremost of which the plaintiff was seated, were thrown from the track and down an embankment, and upset, and the plaintiff, with other passengers was…
2Cases cited2 opinions
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Brehm v. Great Western Railway Co.New York Supreme Court · 1861
3Cited by1 opinion
- Perez v. RabaudTexas Supreme Court · 1890