Eaton v. . Erie Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth j'udieial district, in favor of plaintiff, entered upon an order affirming an order of Special Term, denying a motion for a new trial, and directing judgment upon a verdict. The action was brought to recover damages for injuries to plaintiff’s horse and wagon and merchandise, alleged to have been occasioned by the defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the sixth j'udieial district, in favor of plaintiff, entered upon an order affirming an order of Special Term, denying a motion for a new trial, and directing judgment upon a verdict. The action was brought to recover damages for injuries to plaintiff’s horse and wagon and merchandise, alleged to have been occasioned by the defendant’s negligence. The injury complained of occurred in a highway or street in Elmira. The defendant’s train of ears was standing in it, but not entirely across it. There was space enough between the…
1Opinion of the Court
Lott, Ch. C.
It is claimed by the respondent’s couhsel that an appeal will not lie from, the judgment entered in this action, on the ground, as he says, “ that it was not an actual determination made at the General Term.” In this he is mistaken. The judge, who tried the cause, directed that the exceptions which were taken on the trial should be heard in the first instance at the General Term, and that judgment he in the mean time suspended. The counsel for the defendant, however, made a case containing the exceptions, and there-' 1 upon moved for a new trial at Special Term, which was denied,…
2Cases cited2 opinions
- Havens v. . the Erie Railway CompanyNew York Court of Appeals · 1869
- Caughey v. . SmithNew York Court of Appeals · 1872
3Cited by7 opinions
- Duame v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Weber v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1874
- Weber v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1890
- O'Reilly v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1909
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