Williams v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, The Delaware, Lackawanna, and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 6th day of June, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 15th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s…
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■ Appeal by the defendant, The Delaware, Lackawanna, and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 6th day of June, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 15th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 14th day of May, 1902, granting the plaintiff’s motion for an extra allowance of costs.
1Opinion of the Court
Spring, J.:
In June, 1882, the plaintiff was in the employ of the defendant as brakeman and while riding on a box car was hit by a low bridge on the defendant’s road at Norwich in this State and sustained the injuries for which he is now endeavoring to recover!. The action was commenced in December, 1882, and the judgment in favor of the plaintiff entered upon the second verdict was reversed by the Court of Appeals (116 N. Y. 628) on the ground that the existence of the bridge was known to the plaintiff as he testified he had passed under it often on top of a box car and if he had exercised…
2Cases cited7 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1889
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Nutting v. Kings County Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gnecco v. PedersonNew York Supreme Court · 1915
- Meinrenken v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Sternaman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1904