Busch v. Buffalo Creek Railroad

New York Supreme Court

Busch v. Buffalo Creek Railroad

32 N.Y. Sup. Ct. 63

DecidedJune 15, 1881

StatusPublished

This text of 32 N.Y. Sup. Ct. 63 (Busch v. Buffalo Creek Railroad) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Busch v. Buffalo Creek Railroad, 32 N.Y. Sup. Ct. 63 (N.Y. Super. Ct. 1881).

Pincite

Opinion

Order appealed from reversed. Held, that there being evidence in the case from which the jury might have found that the defendant’s employees who were operating the train knew that the switch was open and that there were men at work upon the standing cars, and the presumption being that the jury so found, the alleged newly discovered evidence that the switch had been closed, four hours previous to the accident, is immaterial, in view of the facts so found.

Haight, J., not sitting.

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Order appealed from reversed. Held, that there being evidence in the case from which the jury might have found that the defendant’s employees who were operating the train knew that the switch was open and that there were men at work upon the standing cars, and the presumption being that the jury so found, the alleged newly discovered evidence that the switch had been closed, four hours previous to the accident, is immaterial, in view of the facts so found.

Haight, J., not sitting.

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Bluebook (online)

32 N.Y. Sup. Ct. 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/busch-v-buffalo-creek-railroad-nysupct-1881.