Renninger 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 Erie on the 18th day of May, 1896, upon the verdict of a jury for $3,000 rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Erie, and also from an order entered in said clerk’s office on the 18th day of May, 1896, denying the defendant’s…
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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 Erie on the 18th day of May, 1896, upon the verdict of a jury for $3,000 rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Erie, and also from an order entered in said clerk’s office on the 18th day of May, 1896, denying the defendant’s motion for a new trial made upon a case containing exceptions. The action was brought to recover because of the alleged…
1Opinion of the Court
Hardin, P. J.:
At the close of the plaintiff’s evidence the defendant moved for a nonsuit on several grounds, among them on the ground that if by the plaintiff’s testimony it appears that he himself had ample opportunity to observe the defect, if a defect had existed, in any appliances furnishedand, secondly, that it appeared that the injuries were received by reason oí a risk which the plaintiff-assumed ; and on the further ground that no negligence was shown sufficient to charge the defendant. The motion for a nonsuit was denied and an exception was taken. At the close of the whole evidence…
2Cases cited5 opinions
- Knisley v. . PrattNew York Court of Appeals · 1896
- Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
- Graves v. BrewerAppellate Division of the Supreme Court of the State of New York · 1896
- France v. Rome, W. & O. RailroadNew York Supreme Court · 1895
- Albert v. New York Central & Hudson River RailroadNew York Supreme Court · 1894