Legal Opinion

Gill v. Erie Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1912PublishedCited by 7 opinions

. Appeal by the defendant, The Erie 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 . Monroe on the 1st day of February, 1911, upon the verdict of a jury for $11,500, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Spring, J.:

The plaintiff was injured in a collision on the defendant’s railroad, near the city of Elmira, in the early morning of July 19, 1907. He was riding in a Pullman sleeper forming a part of a regular west-hound passenger train of the defendant, and he was en route to Warsaw, in the county of Wyoming, in this State. The negligence of the defendant and the freedom of the plaintiff from- contributory negligence were not mooted questions on the trial. The controversy focusses on other propositions than those usual in -actions for personal injuries, and we will now state briefly the…

2Cases cited14 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  2. Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
  3. Johnston v. . FargoNew York Court of Appeals · 1906
  4. Boering v. Chesapeake Beach Railway Co.Supreme Court of the United States · 1904
  5. Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872

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3Cited by7 opinions

  1. Rogow v. United StatesDistrict Court, S.D. New York · 1959
  2. Montalbano v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1944
  3. Olsen v. DraperDistrict Court, E.D. New York · 1953
  4. Wilder v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1926
  5. Kidney v. GrayAppellate Division of the Supreme Court of the State of New York · 1912

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