Legal Opinion

Piper v. New York Cent. & H. R. Railroad

New York Supreme Court

Decided July 26, 1895PublishedCited by 2 opinions

Appeal from circuit court, Kings county. Action by Elwin S. Piper against the New York Central & Hudson River Railroad Company. From a judgment for plaintiff, defendant appeals. For former reports, see 27 N. Y. Supp. 593, and 28 N. Y. Supp. 1114.

1Opinion of the CourtBrown, P. J.

This case was before the general term of this department at the December term in 1893 upon an appeal by the plaintiff from a judgment in favor of the defendant entered upon a dismissal of the complaint. The court then decided that the question as to the negligence of both parties was for the jury. We do not think that the case has been materially changed upon the retrial, and we adhere to the decision then made. The learned judge who wrote the opinion upon the former appeal appears to have understood that the plaintiff fell from the rear door of the rear car of the train. The fact that he…

2Cases cited4 opinions

  1. Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
  2. Huerzeler v. . C.C.T.R.R. Co.New York Court of Appeals · 1893
  3. Newall v. . BartlettNew York Court of Appeals · 1889
  4. Dickerson v. . RogersNew York Court of Appeals · 1889

3Cited by2 opinions

  1. Connor v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Connor v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902

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