Winchell 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 Eiver Eailroad 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 5tli day of February,- 19Ó6, upon the verdict of a- jury for $10,000, and also from- an order entered in said clerk’s office on the 18tli day of January, 1906, 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 Eiver Eailroad 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 5tli day of February,- 19Ó6, upon the verdict of a- jury for $10,000, and also from- an order entered in said clerk’s office on the 18tli day of January, 1906, denying the" defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant.
1Opinion of the Court
Kruse, J.:
The plaintiff’s right leg was crushed by the wheels of a railroad .car passing over it, resulting, in the loss of the limb. .
He was a passenger at the time on the defendant’s train ; he was on his way from Syracuse, his home, to some point in the Adirondacks. Before reaching his destination he had alighted at a small station where the train had stopped to take water ; he got off to get something to eat. The train started; he attempted to get on the train while it was moving and fell or was thrown therefrom by a sudden and unusual jerk or jolt of the train, the wheel of the car…
2Cases cited4 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Distler v. . Long Island R.R. Co.New York Court of Appeals · 1897
- Jones v. New York Central & Hudson River RailroadNew York Court of Appeals · 1898