Wilcox v. Syracuse, Binghamton & New York Railroad

Appellate Division of the Supreme Court of New York

Wilcox v. Syracuse, Binghamton & New York Railroad

88 N.Y.S. 1119

Appellate Division of the Supreme Court of the State of New York·Decided May 17, 1904·Published

Opinion

PER CURIAM.

Order granting new trial reversed, motion denied, and judgment ordered for the defendant upon the verdict, with costs. Held, that upon the evidence in this case the train and gate, at the time of the accident, were not being operated by the defendant, but by another railroad company, and that there was no admission in the pleadings that this defendant was so operating the railroad or gates.

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PER CURIAM.

Order granting new trial reversed, motion denied, and judgment ordered for the defendant upon the verdict, with costs. Held, that upon the evidence in this case the train and gate, at the time of the accident, were not being operated by the defendant, but by another railroad company, and that there was no admission in the pleadings that this defendant was so operating the railroad or gates.

Wilcox v. Syracuse, Binghamton & New York Railroad, 88 N.Y.S. 1119 (N.Y. Ct. App. 1904).

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88 N.Y.S. 1119 (Wilcox v. Syracuse, Binghamton & New York Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.