Miller v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eben Thomas and another, as receivers of the Hew York, Lake Erie and Western 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 Rockland on the 25tli day of May, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of June, 1896, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Bradley, J.:
The purpose of - the action was to recover damages resulting to the plaintiff from a personal injury alleged to have been occasioned by the negligence of the defendants. The accident occurred on February 18, 1895, on the long pier on the Hudson river, at Piermont, on which, at some prior time, a large quantity of coal had been deposited for shipment. This pile of coal was several hundred feet in length, about fifty feet in width at the bottom, and in height about twelve feet. It had been exposed to rain and snow, and the surface had been frozen. At the time in question, the…
2Cases cited5 opinions
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Hussey v. . CogerNew York Court of Appeals · 1889
- Doing v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1897
- Smith v. Empire Transp. Co.New York Supreme Court · 1895
3Cited by2 opinions
- Maltby v. BeldenAppellate Division of the Supreme Court of the State of New York · 1899
- Russell v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1901