Di Napoli v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward F. Lathrop and another, from a judgment of the Supreme Court in favor of the plaintiff against the said defendants (the complaint having been dismissed by the court as to the defendant railroad company), entered in the office of the clerk of the county of Westchester on the 20th day of July, 1909, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 23d day of July, 1909, denying the said…
Read the full summary
Appeal by the defendants, Edward F. Lathrop and another, from a judgment of the Supreme Court in favor of the plaintiff against the said defendants (the complaint having been dismissed by the court as to the defendant railroad company), entered in the office of the clerk of the county of Westchester on the 20th day of July, 1909, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 23d day of July, 1909, denying the said defendants’ motion for a new trial made upon the minutes.
1Dissent
Woodward, J. (dissenting):
The defendants Lathrop and Shea appeal from a judgment entered up'on a verdict awarding the plaintiff $4,500, in an action to recover damages sustained, as it was alleged, through the negligence of the defendants, resulting in the death of the plaintiff’s intestate; and from an order denying a nation for a new trial. At the close of the plaintiff’s case the complaint was dismissed as against the defendant railroad company.
The action was brought under section 4702 of the General Statutes of Connecticut (Revision of 1902), and it is conceded that that law governs, the…
2Cases cited4 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Felice v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Aleckson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905