Chapman v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Olive Chapman, as administratrix, etc., of Harvey Chapman, deceased, from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 26tli day of October, 1903, confirming the report of a referee and setting aside a judgment in favor of the plaintiff theretofore entered in the action upon the verdict of a jury, and granting a new trial of the action.
1Opinion of the Court
Williams, J.:
The order should be modified so as to make costs of the motion and reference abide event, and as so modified affirmed, without costs of this appeal to either party.
The action was brought to recover damages resulting from the death of plaintiff’s intestate alleged to have been caused by defendant’s negligence.
The death was occasioned by a grade crossing accident near the city of Syracuse, July 28, 1900. The action was tried in March, 1902, and the jury disagreed. It was tried again in June, 1902, and plaintiff had a verdict for $5,000. An appeal was taken and was argued at the…
2Cited by2 opinions
- Shanahan v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1913
- People v. . ShilitanoNew York Court of Appeals · 1916