Legal Opinion

Ayres v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896PublishedCited by 1 opinion

Appeal by the defendant, The Delaware,- Lackawanna and Westeró. 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 Oneida on the 11th day of June, 1895, upon the verdict of a jury-rendered after a trial at the Oneida Circuit, -and also from an order entered in said clerk’s office on the 27th day of May, 1895, denying the -defendant’s motion for a new trial made upon the- minutes.

1Opinion of the Court

Follett, J.:

This action was begun November 12, 1891, to recover damages for a personal injury caused, it is alleged, by the negligence of the defendant. .

October 24, 1891, the plaintiff purchased of defendant a ticket at North Brookfield for Utica, for the purpose of taking passage on train No. 3, due. at North Brookfield at fivedhirty-three p. m; . On this date the train arrived at North Brookfield at. nine minutes past six and left at ten minutes past six, it being thirty-six minutes late. This train carried the United States mail, and had for twelve or thirteen years. The mail was in the…

2Cases cited3 opinions

  1. Carpenter v. . Boston and Albany R.R. Co.New York Court of Appeals · 1884
  2. Snow v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1884
  3. Muster v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884

3Cited by1 opinion

  1. Levien v. WebbCity of New York Municipal Court · 1899

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