Payne v. . Troy Boston Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme^ Court, in the third judicial department, entered upon an order made September 19,1879, which affirmed a judgment in favor of defendant, entered upon a nonsuit and affirmed the order, denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiff’s mare, alleged to have been caused by defendant’s negligence. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme^ Court, in the third judicial department, entered upon an order made September 19,1879, which affirmed a judgment in favor of defendant, entered upon a nonsuit and affirmed the order, denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiff’s mare, alleged to have been caused by defendant’s negligence. The facts appear sufficiently in the opinion. Defendant was liable for damages resulting from its negligence in not properly constructing the crossing and allowing it to get out of repair.…
1Opinion of the CourtMiller, J.
The plaintiff’s mare was injured while he was driving her slowly, and crossing the defendant’s railroad at the intersection of two streets in the city of Troy, by her left hind-foot being caught between the planking and the southerly iron rail of said railroad.
The testimony upon the trial was conflicting in regard to the alleged defects in the planking of the crossing and the condition of the same at the time of the injury. It was proved by the plaintiff, upon the trial, that the plank was so placed that there was a space of a little more than three and one-quarter inches between the plank…
2Cases cited1 opinion
- Wolfkiel v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1868
3Cited by20 opinions
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
- Fitts v. Cream City RailroadWisconsin Supreme Court · 1884
- Durr v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1906
- Atchison, Topeka & Santa Fe Railroad v. HenrySupreme Court of Kansas · 1896
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