Legal Opinion

Tullock v. Delaware, Lackawanna & Western Railroad

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

Decided December 8, 1911PublishedCited by 5 opinions

Appeal by the defendant, The Delaware, Lackawanna 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 Westchester on the 8th day of March, 1911, upon the verdict of a jury for $40,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Rich, J.:

On the 5 th day of March, 1910, while employed in its yard at Hoboken and Jersey City, H. J., the plaintiff was struck by the overhang of one of defendant’s cars and received in j mies for which he has been awarded substantial damages.

The plaintiff is a single man, and up to June 28, 1910, with the exception of the time when he was in a hospital, had resided with his parents in the State of New Jersey. Upon that day he left the State of New Jersey and went to live in a hoarding house in the city of Mt. Vernon, Westchester county, N. Y. In a learned argument counsel for the appellant…

2Cases cited5 opinions

  1. Barker v. Cunard S. S. Co.New York Supreme Court · 1895
  2. Hislop v. TaaffeAppellate Division of the Supreme Court of the State of New York · 1910
  3. Bump v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  4. Bump v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1901
  5. Phelps v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by5 opinions

  1. Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
  2. Sudbury v. Ambi Verwaltung Kommanditgesselschaft auf AktienAppellate Division of the Supreme Court of the State of New York · 1925
  3. Schwartz v. Zim Israel Navigation Co.New York Supreme Court · 1958
  4. Gray v. Compania Naviera Limitada of PanamaNew York Supreme Court · 1949
  5. Tullock v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1912

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