Barrett 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 Oneida on the 3d day of April, 1899, upon the verdict of a jury for $8,537, and also from an order entered in said clerk’s-office on the 30th day of March, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hardin, P. J.:
Plaintiff, in his complaint, alleges -that on the 3d day of June,, 1893, he was on board one of the freight trains of the defendant-seeking to make a passage from the city of Rome to the city of Utica, and that while near the locomotive works, in the easterly portion of the city of Rome, “ this defendant, by its agents and servants on said train, negligently, unlawfully, carelessly and without, due or reasonable care, and imprudently and unnecessarily, against plaintiff’s objection, forced, pushed and threw plaintiff from said car and train, and upon said loose rails,- and upon…
2Cases cited3 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Sanford v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1861
- Nutting v. Kings County Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Ludeman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1900