Renninger v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by John N. Renninger against the New York Central & Hudson River Railroad Company for personal injuries. Prom a verdict in favor of plaintiff, and from an order denying a motion for a new trial, on the case and exceptions, defendant appeals. Reversed.
1Opinion of the CourtHardin, P. J.
At the close of the plaintiff’s evidence, the defendant moved for a nonsuit on several grounds, and among them on the ground that “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 furnished”; and, secondly, that it appeared that the injuries were received by reason of 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 *817exception was taken. At the close of the whole evidence, the…
2Cases cited7 opinions
- Knisley v. . PrattNew York Court of Appeals · 1896
- Crown v. . OrrNew York Court of Appeals · 1893
- Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
- Flood v. . Western Union Telegraph CompanyNew York Court of Appeals · 1892
- Graves v. BrewerAppellate Division of the Supreme Court of the State of New York · 1896
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