Legg v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sadie Y. Legg, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, . entered in the office of the clerk of the county of Orange on the 12th day of July, 1910, upon the dismissal of the complaint by direction of the court after a trial at the Orange Triál Term, and also from an order entered in said clerk’s office on the same day ’ setting aside the verdict of a jury for $15,000 in favor of plaintiff and dismissing…
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Appeal by the plaintiff, Sadie Y. Legg, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, . entered in the office of the clerk of the county of Orange on the 12th day of July, 1910, upon the dismissal of the complaint by direction of the court after a trial at the Orange Triál Term, and also from an order entered in said clerk’s office on the same day ’ setting aside the verdict of a jury for $15,000 in favor of plaintiff and dismissing the complaint.
1Opinion of the Court
Woodward, J.:
This action is brought to recover damages for the death of plaintiff’s intestate, who was killed while driving across defendant’s 'railroad crossing in the city of Middletown. At the close of the testimony defendant moved to dismiss the complaint on the ground that defendant was not shown to have been negligent, and on the ground of contributory negligence on the part of plaintiff. Decision *877on this motion was reserved, defendant taking an exception, and the case was submitted to the jury. On the jury returning a verdict for plaintiff for $Í5,000, defendant moved to set it aside,…
2Cases cited3 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
- Getman v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1900
- Legg v. Erie RailroadNew York Supreme Court · 1910