Yaple v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Yaple, from a judgment of the ‘Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Sullivan on the 2'6th day of June, 1900, upon the dismissal of the complaint by direction of the court after .a trial' at the Sullivan Trial Term.
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Appeal by the plaintiff, Frank Yaple, from a judgment of the ‘Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Sullivan on the 2'6th day of June, 1900, upon the dismissal of the complaint by direction of the court after .a trial' at the Sullivan Trial Term. On the trial of the action the defendant’s counsel moved for a •dismissal of the complaint “ for the reason that there is no allegation in the complaint that they restored or offered to restore the -consideration for this release.” The counsel for the plaintiff said, I should ask, under the…
1Opinion of the Court
3ÍEBWIN, J.:
This action was brought to recover damages' sustained by the plaintiff, by reason, as he claims, of the negligence of the defend*267•ant in the operation of one of its trains on or about July 16, 1896. It is alleged in the complaint that while the plaintiff with a horse .and wagon was attempting to cross the defendant’s track at a highway crossing, a train of defendant, coming at a dangerous rate of -speed and without warning, ran upon and over the plaintiff and his horse and wagon, killing the horse, injuring the wagon and inflicting upon the plaintiff himself serious and permanent…
2Cases cited3 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- O'Meara v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Payne v. Bertman and KellyMissouri Court of Appeals · 1930
- Schulsinger v. BlauAppellate Division of the Supreme Court of the State of New York · 1903
- WAGNER Et Ux. v. ANDERSONUtah Supreme Court · 1952
- WAGNER Et Ux. v. ANDERSONUtah Supreme Court · 1952