Campbell v. New York Cent. & H. R. R. Co.
New York Supreme Court
Appeal from circuit court, Herkimer county. Action by William Campbell against the New York Central & Hudson Biver Bailroad Company to recover damages for personal injuries. Judgment was entered on a verdict in favor of plaintiff for $5,220.76, and costs,, from which, and an order denying a new trial, defendant appeals.
1Opinion of the CourtMartin, J.
On the 15th day of Hovember, 1884, the plaintiff was injured by a train on the defendant’s railroad. The injury ocpurred at a highway crossing near the defendant’s station at Frankfort, H. Y. The evidence was-conflicting as to the circumstances under which the plaintiff was injured. The plaintiff claimed, and his evidence tended to show, that his injury was-occasioned solely by the negligence of the defendant, unaccompanied by any negligence on his part which contributed thereto. On the other hand, the defendant contended, and introduced evidence which tended to prove, that it was free from…
2Cases cited2 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
3Cited by5 opinions
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- Harper v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Byrne v. City of SyracuseNew York Supreme Court · 1894
- Harper v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897