Potter v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Erastus D. Potter, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Herkimer on the 30th day of December, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Herkimer Trial Term, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 12th day of January, 1909, denying the…
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Appeal by the plaintiff, Erastus D. Potter, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Herkimer on the 30th day of December, 1908, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Herkimer Trial Term, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 12th day of January, 1909, denying the plaintiff’s motion to be allowed to go to the jury on the questions of fact, and granting the defendant’s motion for a…
1Opinion of the Court
Spring, J.:
On the 30th day of January, 1908, one Gilbert, in the employ of the plaintiff, was drawing ice with the latter’s team and bobs from a pond of water on the farm of one Deimel to a milk station in the village of Herkimer. Twenty-five to twenty-eight teams had been engaged in this work for three days and the business occupied a week or more. From the main road leading from Herkimer to Middleville there was a road branching off to the south crossing the defendant’s tracks about one hundred and fifty feet distant from the turn and extending to the dwelling house on the Deimel farm,…
2Cases cited2 opinions
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Foley v. New York Central Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909