Sherwood 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 Ulster on the 15th day of December] 1906, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 19th day of December, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
All'the' material facts in this case áre found in Turck v. New York Central & Hudson River R. R. Co. (108 App. Div. 142). There this court reversed a judgment in favor of the administrator of Turck, Turck and.the plaintiff’s intestate were ki'lléd by the defendant’s tráin ih collision with an automobile in which they were' riding. '.Turck was managing the machine, familiar with its operations and with the locality.. Sherwood was.riding at the invitation of Turckhad never been in an automobile beforewas sixteen years and about three months of age, and had been known' to pass this…
2Cases cited1 opinion
- Turck v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Read v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Hardin v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Foley v. New York Central Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909