Culhane v. New York Central & Hudson River Railroad
New York Supreme Court
APPEAL, by the defendant, from a judgment entered upon a verdict in favor of the plaintiff, and also from an order denying a motion for a new trial, on a case and exceptions. The action was to recover damages for negligence in killing the plaintiff’s horse, and damaging his wagon, by means of a' collision with an engine of the defendant, at a street crossing, in Rochester.
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APPEAL, by the defendant, from a judgment entered upon a verdict in favor of the plaintiff, and also from an order denying a motion for a new trial, on a case and exceptions. The action was to recover damages for negligence in killing the plaintiff’s horse, and damaging his wagon, by means of a' collision with an engine of the defendant, at a street crossing, in Rochester. After the first trial, the case went to the Court of Appeals, and was, by that court, sent back for a new trial. (See 60 N. Y., 137, S. C.) On the second trial, the case was not varied, except as appears in the following…
1Opinion of the Court
By the Court, E. Darwis Smith, J.
Upon this appeal we are asked to grant a new trial, not upon any question of law, but upon the single ground that the verdict is against the clear weight of the evidence. To establish the cause of action alleged in his complaint the plaintiff was bound to" prove that his horse was killed while his servant was attempting to drive him across the defendant’s railroad, in the public street, by reason of the negligence of the defendant’s agents, without fault on his part.
The attempt to cross the said railroad by such servant, and the collision with the defendant’s…
2Cases cited2 opinions
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Seibert v. Erie RailwayNew York Supreme Court · 1867
3Cited by6 opinions
- Klanowski v. Grand Trunk Railway Co.Michigan Supreme Court · 1885
- Towns v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1889
- Steenburgh v. McRorie, New York County Courts1908
- Cullinan v. FurthmannAppellate Division of the Supreme Court of the State of New York · 1905
- Cullinan v. ReichAppellate Division of the Supreme Court of the State of New York · 1904
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