Briggs v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,' entered May 22, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,' entered May 22, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The persistency of counsel for plaintiff and the well-nigh unlimited latitude permitted by the court in the examination and cross-examination of medical experts call for a reversal of the judgment. (Smith v. N. Y. C. & H. R. R. R. Co., 164 N. Y. 491; Strohm v. N. Y., L.…
1Opinion of the CourtO’Brien, J.
On February second, 1902, the plaintiff was injured in a collision on the defendant’s belt line in Buffalo. It was a cold, stormy night, and a great deal of snow had fallen and drifted. Objects could not be seen very far through the snow and it continued to storm after the plaintiff left the train. The car in which the plaintiff was seated had the seats arranged so that for a third of the length from either end of the car they were continuous along each side and in the middle third of the car the seats were crosswise. The plaintiff and her hunt sat in the seats crosswise' of the car, and…
2Cases cited4 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Jewell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Woodrow Sterling v. Velsicol Chemical CorporationCourt of Appeals for the Sixth Circuit · 1988
- Wilson v. FlemingWest Virginia Supreme Court · 1921
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1985
- Mahany v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationDistrict Court, S.D. New York · 2008
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