Scott v. Third Avenue Railroad
New York Supreme Court
Appeal from circuit court, New York county. Action by Catharine Scott, as administrator of Frank Scott, against the Third Avenue Railroad Company. There was a verdict for plaintiff for $2,875, and from the judgment entered thereon defendant appeals.
1Opinion of the CourtBrady, J.
This action was brought by the plaintiff to recover damages for the loss of her husband, who, it was alleged, was killed by the negligence of the defendant. During the trial several• exceptions were taken by the plaintiff, and several also by the defendant, and several also to the charge, *345and to refusals to charge as requested by the defendant, and to requests to charge by the plaintiff, which were granted. In the view taken of some exceptions it will not be necessary to consider the others. It was charged as follows: “There may be mutual negligence, and yet one party have a right of action…
2Cases cited8 opinions
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
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3Cited by2 opinions
- Bailey v. Market Street Cable Railway Co.California Supreme Court · 1895
- Travis v. Town of CarroltonNew York Supreme Court · 1889