Legal Opinion

Miles v. New York Central Railroad

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1921PublishedCited by 9 opinions

Appeal by the plaintiff, Bertha Miles, from an order of the Supreme Court, made at the Madison Trial Term and entered in the office of the clerk of the county of Madison on the 10th day of December, 1919, granting defendant’s motion to set aside the verdict and for a new trial made upon the minutes. Order affirmed, with costs, on the opinion of Kiley, J., at Trial Term. All concur, except Woodward, J., dissenting; Kiley, J., not sitting. '

1Opinion of the Court

The following is the opinion delivered at Trial Term:

Kiley, J.:

At a term of this court commencing May 5, 1919, the above action was tried, resulting in a verdict in favor of the plaintiff. Plaintiff’s intestate, her husband, for several years prior to December 13, .1915, was a mail clerk, working as such on defendant’s train, over its road between Syracuse and New York. On the 13th day of December, 1915, the train upon which he was working collided with another train at Utica, N. Y. Plaintiff’s intestate was thrown to the floor of the car and was injured. He continued as far as Albany and…

2Cases cited2 opinions

  1. Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
  2. Nelson v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1895

3Cited by9 opinions

  1. Richardson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1924
  2. Rector of St. James Church v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1941
  3. Harvey v. GeorgiaNew York Supreme Court · 1933
  4. Mack v. Albee Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1942
  5. Robles v. Trinidad Corp.District Court, S.D. New York · 1966

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