Fajardo v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of January, 1903, upon the verdict of a jury for $40,000, and also from an order entered in said clerk’s office oh the 26th day of January, 1903, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
Plaintiff’s- intestate was killed on January 8,1902, in a railway collision which occurred in the tunnel of the defendant in the city of New York. On the trial it was admitted by the defendant that plaintiff’s intestate came to his death through the negligence of the defendant, and the only question at issue and litigated upon tlie trial was the amount of the .damages which the plaintiff was entitled to recover. Several questions are presented by this appeal which áre not necessary to be discussed, as we have reached the conclusion that the judgment must be reversed for prejudicial…
2Cases cited3 opinions
- Gregory v. New York, Lake Erie & Western Railway Co.New York Supreme Court · 1890
- Hinsdale v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Morrison v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
- Riley v. Capital Airlines, Inc.New York Supreme Court · 1963
- Mix v. Hamburg-American Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Nelson v. YoungAppellate Division of the Supreme Court of the State of New York · 1904