Maher v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River 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 Orleans on the 24th day of December, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of December, 1896, denying its motion for a new trial made upon the'minutes.:
1Opinion of the Court
Adams, J.:
This case has been twice tried. Upon the first trial it was deter-' ■ mined, as matter of law, that the plaintiff was guilty of contributory négligence, and for that reason a verdict was directed in favor of the defendant. Upon a review of the case in this court it was held that a question of fact respecting the plaintiff’s negligence ■ was presented by the evidencé, which, should have been submitted to the jury, and a new trial was, therefore, ordered. (5 App.Div. 22.)
So far as we are able to discover, from a careful reading of the record now before us; the facts are substantially…
2Cases cited6 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- Sherman v. . D., L. W.R.R. Co.New York Court of Appeals · 1887
- Griffith v. Utica & Mohawk RailroadNew York Supreme Court · 1892
- Stever v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
- Wolfe v. Madison Avenue Coach Co.Appellate Terms of the Supreme Court of New York · 1939