Laplaca v. Lake Shore & Michigan Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Lake Shore and Michigan Southern Railway 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 29th day of November, 1907, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 2d day of January, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
The action is for damages resulting from the death of plaintiffs intestate, caused through the negligence of the' defendant. The deceased was working for the defendant on its railroad and was struck by a train and killed. The jury rendered a verdict in favor of the plaintiff.
The defendant urged upon the trial, and still insists, that the evidence failed to show either that it was negligent or that the deceased was free from contributory negligence, and those questions were presented by various exceptions as well as by a motion made on defendant’s behalf for a new trial upon the…
2Cases cited4 opinions
- Curran v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Schradin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Riola v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Riola v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1906
3Cited by1 opinion
- Reynolds v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1911