Brown v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River 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 Onondaga on the 22d day of October, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 24th day of October, 1898, denying the "defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York Central and Hudson River 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 Onondaga on the 22d day of October, 1898, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 24th day of October, 1898, denying the "defendant’s motion for a new trial made upon the minutes. The plaintiff in this action, which was commenced October 14, 1897, alleges that on the 16th day of August,. 1896, her intestate and husband, Will A. Brown, while…
1Opinion of the Court
Adáms, J.:
No witness was produced upon the trial who was able to.' state precisely how the plaintiff’s intestate met his death,, but there was evidence tending to show that his head probably came in contact with the iron bow of the mail crane, and the jury, as they were doubtless entirely warranted in dicing, have found by their verdict that such was the fact. We pass, therefore, to a consideration of the evidence relied upon to establish the defendant’s negligence.
The mail crane which caused the death of the plaintiff’s intestate was a contrivance which, when operated in connection with…
2Cases cited4 opinions
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Sisco v. Lehigh & Hudson River Railway Co.New York Court of Appeals · 1895
- Benthin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- McGovern v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by10 opinions
- Denver & Rio Grande Railroad v. BurchardSupreme Court of Colorado · 1906
- True v. Niagara Gorge RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Zellman v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
- Dailey v. New York, N. H. & H. R. R. Co.U.S. Circuit Court for the District of Southern New York · 1909
- Russell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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