Hollender v. New York Central & Hudson River Railroad
New York Court of Common Pleas
Appeal from a judgment of the General Term of the ■ City Court of New York affirming a judgment of that court entered upon the verdict of a jury. The action was brought to recover damages for the loss of horses killed by a collision with defendant’s railroad train, alleged to have been caused by negligent management of the train.
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Appeal from a judgment of the General Term of the ■ City Court of New York affirming a judgment of that court entered upon the verdict of a jury. The action was brought to recover damages for the loss of horses killed by a collision with defendant’s railroad train, alleged to have been caused by negligent management of the train. At the trial it appeared that plaintiffs’ driver had driven their horses with a truck to defendant’s freight depot at St. John’s Park in the City of New York, about seven o’clock in the evening, and backed the truck against a car to unload merchandise from the car…
1Opinion of the Court
Van Hoesen, J. —
There was ample proof that the plaintiff’s servant was free from negligence, and sufficient proof of the negligence of the defendant to require the submission of the case to the jury. The evidence made it clear that the defendant, in the night-time, was engaged in backing a long train of nine freight cars into the freight depot at St. John’s Park, where it was dark; that the dummy engine was at the end of the train remote from the depot; that there was a curve near the entrance; that the movement of the train was nearly noiseless; that there was no light at the end of the…
2Cases cited5 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Scattergood v. . WoodNew York Court of Appeals · 1879
- Cumming v. . Brooklyn City Railroad CompanyNew York Court of Appeals · 1887
- Semel v. New York, New Haven & Hartford RailroadNew York Court of Common Pleas · 1880
3Cited by2 opinions
- O'Harra v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Carpenter v. SearsNew York Supreme Court · 1927