Hyperlawhypertext legal database Leonard v. N. Y. Cent. & H. R. R. R. Co. 44 N.Y. Super. Ct. 575

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Leonard v. N. Y. Cent. & H. R. R. R. Co.

44 N.Y. Super. Ct. 575 12 Jones & S. 575 Court N.Y. Super. Ct. Decision date 1879-01-06 English

Delivered by Freedman, J.,

Contents

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p. 575
WILLIAM A. LEONARD, Plaintiff and Respondent, v. THE N. Y. CENT. & H. R. R. R. CO., Defendant and Appellant.

Headnote

Statutory report op R. R. Co’s.—Evidence.
A copy of report of a railway company to State engineer and surveyor, in accordance with 2 B. 8 . (6 ed.) p. 534, section 45, subd. 102; and lb. p. 552, section 99 (duly certified by the deputy State Engineer); under 1 B. 8 . (6 ed.) p. 558, section 7 ; J5. p. 415, section 7; and Code. Oiml Pro., section 933, is competent evidence of a material admission made therein by the defendant as a corporation, with respect to the injury complained of.
p. 576
Before Sedgwick and Freedman, JJ.
Decided January 6, 1879.
Appeal from judgment entered upon the verdict of a jury and from order denying defendant’s motion on the minutes for a new trial.
Frank Loomis, for appellant.
Edward GebJiard, attorney, and Dewitt Q. Brown, of counsel, for respondent.

wrote for affirmance of judgment and order, with costs, holding above propositions; also holding that the case below was properly tried, and that none of defendant’s exceptions were well taken, under the rulings of the general term, upon the first appeal in this case, when the evidence and authorities were carefully examined ( 42 N. Y. Super. Ct. 225 ).

Sedgwick, J., concurred.

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