Fitzgerald v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary A. Fitzgerald; from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 31st day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Jefferson Trial Term, the jury having rendered a special verdict in favor of the plaintiff for $7,500. The action was commenced on the 26th day of April, 1897, to recover damages for injuries…
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Appeal by the plaintiff, Mary A. Fitzgerald; from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 31st day of January, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Jefferson Trial Term, the jury having rendered a special verdict in favor of the plaintiff for $7,500. The action was commenced on the 26th day of April, 1897, to recover damages for injuries sustained by the plaintiff, alleged to have been caused solely through the negligence of the defendant.
1Opinion of the Court
McLennan, J.:
The defendant, át all the -times mentioned in the complaint, was a railroad corporation engaged in operating, among others, a branch railroad known as -the Cape Vincent Branch of the Rome, Water-town and Ogdensburg railroad, extending to Cape Vincent, a village of about 1,000 inhabitants, situate on the banks of the St. Lawrence river, about twenty-five miles from- the city of Watertown, and opposite and about twelve miles distant from the city of Kingston, Ont.
At Cape Vincent the defendant’s -railroad terminated at its depot and a long train shed connected therewith, located…
2Cases cited1 opinion
- Driscoll v. Newark & Rosendale Lime and Cement Co.New York Court of Appeals · 1868
3Cited by2 opinions
- Benoit v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Browning v. StillwellNew York Supreme Court · 1904