Deyo v. Kingston Consolidated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Kingston Consolidated 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 Ulster on the 29th day of October, 1903, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 28th day of October, 1903, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Kingston Consolidated 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 Ulster on the 29th day of October, 1903, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 28th day of October, 1903, denying the defendant’s motion for a new trial made upon the minutes. Defendant, being a domestic corporation, owned a certain park known as “ Kingston Point Park,” near the city of Kingston, in this State. It had a street surface railroad…
1Opinion of the Court
Parker, P. J.:
The negligent act which the complaint charges as having produced the injury complained of is that the defendant’s agents and servants negligently discharged the rocket at and towards the plaintiff, so that the stick hit her in the eye. Also, in its charge to the jury, "the trial court told them that the negligence complained of was “that-in the manipulation of "the rockets in question there was negligence.” Want of due care, therefore, on the defendant’s part in any matter, other than the method by which the rocket was directed and discharged, is not claimed and has never been…
2Cases cited7 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Butler v. . TownsendNew York Court of Appeals · 1891
- Engel v. . Eureka ClubNew York Court of Appeals · 1893
- Edwards v. New York & Harlem RailroadNew York Court of Appeals · 1885
- King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miller v. Westcor Ltd. PartnershipCourt of Appeals of Arizona · 1992
- Bonet v. Municipio de BarcelonetaSupreme Court of Puerto Rico · 1963
- Roper v. Ulster County Agricultural SocietyAppellate Division of the Supreme Court of the State of New York · 1909
- Rill v. ChiarellaNew York Supreme Court · 1966
- Thomas v. SpringerAppellate Division of the Supreme Court of the State of New York · 1909
3 more not listed; retrieve them via the Exa API.