Johnson 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 third judicial department, .entered Eovember 22, 1901, 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, .entered Eovember 22, 1901, 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 plaintiff was a trespasser and a violator of the law, was not entitled to protection from defendant, and the burden is upon him to show affirmatively that the injury came through the malicious act of defendant’s servant, acting within the scope of his…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a verdict of $4,000 damages resulting, as he claims, from a personal injury produced by the defendant’s negligence. The learned court *81below affirmed the judgment entered upon the verdict, but since the decision was by a divided court the appeal presents the question whether there was any evidence for the jury which supports or tends to sustain the verdict.
Tiie plaintiff was not a passenger nor an employee, but in the language of the record was “ stealing a ride ” from New York to Bochester. He did not get onto the train at the New York station, but going outside went…
2Cases cited2 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
3Cited by10 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Magar v. . HammondNew York Court of Appeals · 1906
- O'Connor v. G & R Packing Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Gebby v. CarrilloNew Mexico Supreme Court · 1918
- Dealy v. CobleAppellate Division of the Supreme Court of the State of New York · 1906
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