Long v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Barton Payne, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 14th day of October, 1920, on the verdict of a jury for $12,000, and also from an order, entered in said clerk’s office pn the 27th day of October, 1920, denying defendant’s motion for a new trial made upon the minutes, and because of the improper acts of the court officers and the jury during the…
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Appeal by the defendant, John Barton Payne, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 14th day of October, 1920, on the verdict of a jury for $12,000, and also from an order, entered in said clerk’s office pn the 27th day of October, 1920, denying defendant’s motion for a new trial made upon the minutes, and because of the improper acts of the court officers and the jury during the jury’s deliberations:
1Opinion of the Court
Davis, J.:
The defendant had erected and maintained an iron picket fence in the space between two tracks in and near the station in the city of Schenectady, for the purpose of preventing passengers from crossing the tracks to pass from one platform to the other, instead of following the route provided through a subway. This fence was so located that it was within about *669eleven inches of the stirrup on the side of a freight car, used by trainmen in getting on and off the car. The evidence and the verdict of the jury permit the conclusion that the plaintiff’s intestate met his death by coming in…
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- Howland v. . WillettsNew York Court of Appeals · 1853
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