Wall v. Delaware, Lackawanna & Western Railroad
New York Supreme Court
Appeal from circuit court, Oswego county. Action by Mary Wall against the Delaware, Lackawanna & Western Railroad Company, for the alleged wrongful and negligent killing of William Wall. Prom a judgment entered on the verdict of a jury for plaintiff, and from an order denying a motion for new trial, defendant appeals.
1Opinion of the CourtMartin, J.
This case has been three times tried, and this is the third time that it has been before this court. On the first trial the plaintiff had a verdict for $2,000. On appeal to this court from the judgment entered thereon, and from an order denying a new trial, the judgment and order were reversed, on the ground that the trial court erred in the exclusion of certain evidence offered by the defendant. 42 Hun, 653, mem. On the second trial the plaintiff was nonsuited. Prom the judgment entered thereon the plaintiff appealed, and this court then held that the trial court erred in refusing to permit…
2Cases cited6 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Parsons v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
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3Cited by2 opinions
- Tesoriero v. Syosset Central School DistrictDistrict Court, E.D. New York · 2005
- Cubbage v. Estate of Conrad Youngerman, Inc.Supreme Court of Iowa · 1912