Parsons v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal fróm judgment of the General'Term df the Supreme Court in the fourth judicial department, entered upon an order made April 14, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries causing the death of Thomas Murphy, plaintiff’s intestate,, alleged to have been caused by defendant’s negligence.
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Appeal fróm judgment of the General'Term df the Supreme Court in the fourth judicial department, entered upon an order made April 14, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries causing the death of Thomas Murphy, plaintiff’s intestate,, alleged to have been caused by defendant’s negligence. The material facts are stated in the. opinion. The canse of action stated in the plaintiff’s opening, and upon which the verdict was rendered, is not the cause…
1Opinion of the Court
Ruger, Ch. J.
The evidence in the case was, on some points, conflicting, but the jury were authorized to find, and, upon the defendant’s appeal, we must presume that they found the facts in conformity with the plaintiff’s proof. By this it appeared that the plaintiff’s' testator was run over and killed at the Ferry street station, in the city of Buffalo, by the engine of a freight train, belonging to the defendant, moving southerly at the rate of from twenty to thirty miles an hour. He was a passenger on a train going northerly from the Exchange street station, Buffalo, to La Salle, and…
2Cases cited1 opinion
- Terry v. . JewettNew York Court of Appeals · 1879
3Cited by27 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898
- Zeccardi v. . Yonkers R.R. Co.New York Court of Appeals · 1907
- Arkansas Central Railroad v. BennettSupreme Court of Arkansas · 1907
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