Van Ostran v. New York Central & Hudson River Railroad
New York Supreme Court
Motion by the defendant for a new trial on exceptions taken at Cayuga Circuit, and ordered to be heard in the first instance at the General Term; also from an order denying a motion for a new trial made upon che ground of newly discovered evidence.
1Opinion of the Court
Bradley, J.:
Action for personal injuries suffered by the plaintiff which he alleges were occasioned by the negligence of the defendant. On the 11th day of November, 1882, the plaintiff was a passenger on the *591defendants train of cars from Canandaigua to Auburn, which arrived at the latter place about eleven o’clock a. m. The plaintiff then went out of the car and got off the north side and was proceeding to' walk away, when he was struck by an engine, knocked down and his foot crushed so as to require amputation. He recovered a verdict for $10,500.
The contention on the part of the defendant…
2Cases cited16 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Michigan, Central Railroad v. ColemanMichigan Supreme Court · 1874
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Terry v. . JewettNew York Court of Appeals · 1879
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
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