Hyperlawhypertext legal database Baldwin v. New York Central & H. R. R. R. Co. 56 N.Y. Super. Ct. 607

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Baldwin v. New York Central & H. R. R. R. Co.

56 N.Y. Super. Ct. 607 24 Jones & S. 607 Court N.Y. Super. Ct. Decision date 1888-10-25 English

Contents

Majority

p. 607
Charlotte A. Baldwin, Appellant v. The New York Central & H. R. R. R. Co., Respondent.
Decided October 25, 1888.

Headnote

Appeal by plaintiff from
p. 608
a judgment dismissing her complaint in an action brought-to recover damages from alleged negligence of defendant’s servants.
Samuel H. Randall, for appellant. Henry H. Anderson, for respondent.
Before Sedgwick, Ch. J., and Ingraham, J.

The only evidence of negligence was a release which defendant received from plaintiff. A point was sought to be raised which was not taken below. The Court held (Per Curiam) “ that the release was not an admission of liability; that on appeal the court could only examine the action of the court below upon matters actually presented on the trial; and affirmed the judgment.”