Capitula v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central 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 Albany on the 19th day of May, 1921, upon the verdict of a jury for $3,500, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Concurrence 1
Hinman, J. (concurring in part):
I agree with the conclusion that the case should be reversed and sent back for a new trial.
The testimony of the experts as to the distance within which the train could have been stopped was clearly prejudicial. It *251presented to the minds of the jury answers to hypothetical questions not framed to meet the conditions under which the engineer worked, and which were no proper basis for a determination of the distance within which that train could have been stopped if the engineer did what' he testified he did. The experts were admittedly unfamiliar with this engine…
Also in this document: Concurrence · Cochrane.
2Cases cited2 opinions
- Feldman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Feldman v. . the the New York Central Hudson River Rd.New York Court of Appeals · 1912