McDonnell v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander McDonnell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the lltli day of February, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of February, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Alexander McDonnell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the lltli day of February, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of February, 1898, denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought to recover damages resulting to the plaintiff from the alleged negligence of the defendant.
1Opinion of the Court
Habdin, P. J.:
Plaintiff was a member of an excursion party that left Picton and other parts of Canada on the 12th day of July, 1897; they were brought to Cape Vincent by boat and from there were transported in two different special trains over the defendant’s road to the city of Watertown. The excursion party left Watertown at about six-thirty o’clock in the evening to return to Cape Vincent. The defendant provided for the excursion party eighteen cars. The party consisted of 840 passengers. The carrying capacity of the cars was 1,152. After the cars had passed some 19 miles from the city of…
2Cases cited3 opinions
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Palmer v. . D. H.C. Co.New York Court of Appeals · 1890
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
3Cited by7 opinions
- Monastero v. Los Angeles Transit Co.California Court of Appeal · 1955
- McDonough v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Sure v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1912
- Giger v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1932
- Ibrahim v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
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