Mayer v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, New York county. Action by David Mayer against the New York Central & Hudson River Railroad Company, to recover the value of two horses which were killed, and a wagon which was destroyed, by a train on defendant’s road. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover the value of two horses which were killed, and of a wagon which was destroyed, by being run against by a train of the respondent. The accident occurred near 169th street, in the city of Hew York. The plaintiff’s driver, one Eisman, had driven a load of beer into the premises of Pfeiffer Bros., known as “Sanger Park,” had unloaded the beer, and put on the wagon empty kegs, and had gone into the bar-room to get his book signed. At this point of time a south-bound train came down on the westerly track of defendant’s road, and, approaching 169th *462street, the…
Also in this document: Concurrence.
2Cited by1 opinion
- O'Brien v. New York Cent. & H. R. R.New York Supreme Court · 1909