Bella v. New York, Lackawanna & Western Railway Co.
The Superior Court of the City of New York and Buffalo
Exceptions from trial term. Henry Bella and others sued the Yew York, Lackawanna & Western Railway Company. Judgment was entered for plaintiff.
1Opinion of the CourtHatch, J.
The main questions presented by this case have been before disposed of. Miller v. Railway Co., 3 N. Y. Supp. 245. The facts in both cases are alike, and the disposition would be the sainé, were it not for the ruling of the court upon questions of evidence which did not arise in the Miller Case. The plaintiff in this case sought to prove that the defendant had paid its lessee for the construction of the embankment from which the injury complained of arose, and for this purpose offered in evidence the reports of the defendant as they appeared in the published report of the…
2Cases cited2 opinions
- Atkins v. . ElwellNew York Court of Appeals · 1871
- Miller v. New York, L. & W. Ry. Co.Superior Court of Buffalo · 1888