Eaton v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 13,1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence did not warrant the submission of the case to the jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 13,1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence did not warrant the submission of the case to the jury. (Perez v. Sandrowitz, 180 N. Y. 397; Johnson v. N. Y. C. & H. R. R. R. Co., 173 N. Y. 79.) The rule of res ipsa loquitur is not applicable. (Benedict v. Potts, 88 Md. 52; Griffen v. Manice, 166 N. Y.…
1Opinion of the CourtGray, J.
The plaintiff, upon the day he met with the accident, which is the subject of this action against the defendant, was engaged in shipping produce in cars and, at the time, was standing upon the platform of a station of the defendant’s road, waiting for a freight train to pass by in order to cross the tracks. His complaint alleged that he was struck upon the head “by some sharp instrument, either of iron or wood, extending from, or hanging to ”, the train. He testified that the train approached upon the track nearest to the platform and, after the engine and “ a couple of cars, or some cars ”,…
2Cases cited3 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Robinson v. . Consolidated Gas Co.New York Court of Appeals · 1909
- Peck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
3Cited by6 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Wang v. Alexander's Dept. Store, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Publishers Bookbindery, Inc. v. ZirinskyCivil Court of the City of New York · 1973
- Burgess v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Ianotta v. Tishman Speyer Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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