Legal Opinion

Palmer v. New York Central & Hudson River Railroad

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

Decided May 26, 1911Published

Appeal by the plaintiff, Frank B. Palmer, as administrator, etc., from- a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Eockland on the 10th day of March, 1910, upon the verdict of a jury,, and also from an order, entered in said clerk’s office on the 3d day of March, 1910, denying the plaintiff’s motion for a hew trial made upon the minutes.

1Opinion of the Court

Hirschberg, J.:

•The plaintiff’s intestate was killed at the West Nyack crossing of the defendant’s railroad in the county of Eockland on the morning of February 23, 1908. She was one of the occupants of a wagonette which was being driven westward upon the highway and which contained nine persons. The wagonette was struck by a south-bound train when the former reached the tracks of the defendant, the impact resulting in the injury of two of the occupants of the wagonette and the death of seven. The contention of the plaintiff in the case at bar, as in other cases resulting from the same…

2Cases cited2 opinions

  1. May v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  2. Singer v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909

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