Whalen 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 Eiver Eailroad 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 31st day of July, 1915, upon the verdict of a jury for $32,500, later reduced by consent to $26,000, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes, upon condition that…
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Appeal by the defendant, The New York Central and Hudson Eiver Eailroad 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 31st day of July, 1915, upon the verdict of a jury for $32,500, later reduced by consent to $26,000, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes, upon condition that plaintiff stipulate to reduce the verdict as above stated.
1Opinion of the Court
Per Ouriam:
This court is of opinion that the judgment and order in this case should not he reversed on the appellant’s claim that the verdict rendered by the jury was in opposition to the charge of the trial court at folio 383. The specific instruction there appearing was made at the defendant’s request. There was no controversy in the proofs that the train which was being switched by the decedent at the time of the accident was composed of freight cars, none of which was to go beyond Buffalo; that is, beyond this State. If it was intended by the trial court to charge the jury that no…
2Cited by1 opinion
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