Hesketh v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Hesketh, from an order of the Supreme Court, made at the .Schenectady Trial Term and entered in the office of the clerk of the county of Schenectady on the 13th day of November, 1897, granting the defendant’s motion to set aside the verdict of a jury previously rendered in favor of the plaintiff for $20,200, upon the ground that it was excessive.
Read the full summary
Appeal by the plaintiff, Thomas Hesketh, from an order of the Supreme Court, made at the .Schenectady Trial Term and entered in the office of the clerk of the county of Schenectady on the 13th day of November, 1897, granting the defendant’s motion to set aside the verdict of a jury previously rendered in favor of the plaintiff for $20,200, upon the ground that it was excessive. In the year 1892, the defendant established along the line of its road what is known as the block system of signaling, and for that purpose it erected, or had erected, along its tracks at intervals of two and a half…
1DissentHerrick, J.
I feel compelled to dissent from the decision arrived at by the majority of the court, and from the reasons given therefor in the opinion of Hr. Justice Landon.
Without undertaking to review that opinion in detail, it seems to me that he is wrong in his assumption that the structure was entirely new; that is, new in the sense that new engineering and mechanical problems were to be considered in its construction.
*84It seems to me very apparent that the. same problems were presented for consideration that have to be considered in the erection of bridges, water towers, large windmills and other like…
2Cases cited8 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- Butler v. . TownsendNew York Court of Appeals · 1891
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Probst v. . DelamaterNew York Court of Appeals · 1885
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
3 more not listed; retrieve them via the Exa API.