Whiting 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 Kings on the 22d day of June, 1903, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s-, office on the 18th day of September, 1903, denying the defendant’s-motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff has recovered a 1 judgment for injuries sustained from the fall upon her of a telescope satchel from a rack on the-side of, the car, while she was a passenger on the fast train known as the Empire State Express, on June 29, 1900. The allegation of negligence in the complaint is as follows: “ That at the time the plaintiff was received as a passenger aforesaid upon the train of the-defendants, the said defendants were negligent and careless in the management and operation of the said train, in that they permitted and allowed a certain large satchel to be placed…
2Cases cited1 opinion
- Morris v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1887
3Cited by5 opinions
- Beiser v. Cin., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1913
- Adams v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1909
- Merritt v. Interstate Transit LinesCourt of Appeals for the Eighth Circuit · 1948
- Prunty v. AllredCalifornia Court of Appeal · 1946
- Poliakoff v. SheltonSupreme Court of South Carolina · 1940