Keenan v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of Buffalo, made February 1, 1894, which reversed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The action was" brought by John Keenan, the present plaintiff’s intestate, who died after "the date of the entry of judgment, and the present plaintiff was substituted.
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Appeal from order of the General Term of the Superior Court of Buffalo, made February 1, 1894, which reversed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The action was" brought by John Keenan, the present plaintiff’s intestate, who died after "the date of the entry of judgment, and the present plaintiff was substituted. Tracy, in giving the direction to Keenan to go down on track No. 8 and get a a spring for use in repairing the car he…
1Opinion of the CourtBartlett, J.
The plaintiffs intestate, who was a car repairer, brought this action to recover damages for personal injuries received by him while working in defendant’s repair yard in Buffalo.
*194The jury rendered a verdict in his favor for $10,000, and the General Term of the Superior Court of Buffalo reversed the judgment on questions of law, ordering a new trial, and the intestate’s administratrix (he. having died after verdict rendered) appeals to this court giving the usual stipulation for judgment absolute in case of affirmance.
The facts in this case are simple and will be assumed as stated by the…
2Cases cited1 opinion
- Sherman v. . the Rochester and Syracuse R.R. Co.New York Court of Appeals · 1858
3Cited by2 opinions
- McLaine v. Head & Dowst Co.Supreme Court of New Hampshire · 1902
- Hale v. Wayside Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1901