Riordan v. New York Central & Hudson River Railroad

The verdict of the jury in favor of the plaintiff cannot stand, unless the proofs submitted in plaintiff’s behalf would warrant the jury in finding as matters of fact, first, the notorious existence at the time of the accident of a public road or pathway leading from the ferry across defendant’s tracks, running diagonally in a southwesterly direction to the foot of a public staircase built along the side of a hill, and secondly, that plaintiff, while crossing this pathway, was struck by defendant’s train. The testimony shows beyond dispute that near the place where the accident occurred a…