Legal Opinion

Grathwohl v. New York Central & Hudson River Railroad

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

Decided December 7, 1906Published

Appeal by the defendant, The New York Central and Hudson Elver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of January, 1906, upon the verdict of a jury for $1,800, and also from an order, as resettled, entered in said clerk’s office on the 16th day of January, 1906, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Ingraham, J.:

' The tracks of the defendant from the Harlem river to the One Hundred and Twenty-fifth street depot are upon an elevated structure over Fourth avenue. The tracks cross the Harlem river on a bridge and then proceed on this structure to the depot. This structure is used exclusively for railroad purposes and upon it there are four tracks. The two westerly tracks are used for trains going from the depot and the two.easterly tracks going to the depot. The yards of the rail*178road company.are located north of the river. _ The tracks are used ■ both for trains carrying passengers from the…

2Cases cited1 opinion

  1. Loomis v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1905

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