Pitcher v. Lake Shore & Michigan Southern Railway Co.
New York Supreme Court
Appeal from circuit court, Brie county. Action by C. Prank Pitcher against the Lake Shore & Michigan Southern Railway Company for personal injuries while in charge of a car-load of horses being conveyed from Michigan to Boston. Verdict and judgment for plaintiff. Defendant moved for a new trial, which was denied; and from the judgment, and the order denying the motion, defendant appeals. Affirmed. For former report, see 8 ÍT. V. Supp. 390.
1Opinion of the CourtMacomber, J.
When this case was before us upon a motion for a new trial in behalf of the plaintiff, after a nonsuit, it was held that there was sufficient evidence to submit the question of the defendant’s negligence and the plaintiff’s want of negligence to the jury. Pitcher v. Railway Co., (Sup.) 8 N. Y. Supp. 389. Upon the second trial evidence was given in behalf of the defendant, touching the matters under review upon the first hearing, and it is upon such testimony that the learned counsel for the appellant now claims that the case is materially different in its legal aspects from the one which was…
2Cases cited1 opinion
- Pitcher v. Lake Shore & Michigan Southern Railway Co.New York Supreme Court · 1889
3Cited by1 opinion
- Chicago, St. P., M. & O. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1893