Cohn 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 Westchester on the 29th day of March, 1894, upon the verdict of a jury rendered after a trial at the Westchester Circuit, and also from an order entered in said clerk’s office on the 31st day of March, 1894, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
The plaintiff’s intestate, a girl, nine years old, was killed at a highway crossing upon defendant’s railroad, by being struck by a locomotive. We shall not pass upon the proposition asserted by the defendant, that on the evidence it was entitled to a dismissal of the complaint, because, in the view most favorable to it, the case was certainly a close one, and the facts may be varied on another trial, which must be had, as in our opinion, two serious errors, prejudicial to the defendant, were committed on the trial.
Over the defendant’s objection and exception, a witness was allowed…
2Cases cited1 opinion
- Case v. New York Central & Hudson River RailroadNew York Supreme Court · 1894
3Cited by10 opinions
- Gilbert v. Pessin Grocery Co.California Court of Appeal · 1955
- Plough v. Baltimore & OR Co.Court of Appeals for the Second Circuit · 1947
- Lundbeck v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
- Edna A. Bailey, as Administratrix of the Goods, Chattels and Credits of Arthur Bailey, Deceased v. The Baltimore and Ohio Railroad Company, Leon Metzler v. The Baltimore and Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
- Knight v. Baltimore & O. R.District Court, W.D. New York · 1948
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