Lewis v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from an order of the Supreme Court, made at the Broome Trial Term and entered in the office of the clerk of the county of Broome on the 5th day of August, 1904, setting aside a nonsuit theretofore granted in the action and granting a new trial., The action is one to recover damages for the alleged negligent killing, by one of defendant’s trains running easterly, of .plaintiff’s intestate while he was attempting to cross…
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Appeal by the defendant, the Erie Railroad Company, from an order of the Supreme Court, made at the Broome Trial Term and entered in the office of the clerk of the county of Broome on the 5th day of August, 1904, setting aside a nonsuit theretofore granted in the action and granting a new trial., The action is one to recover damages for the alleged negligent killing, by one of defendant’s trains running easterly, of .plaintiff’s intestate while he was attempting to cross defendant’s railroad at Broad street in Lestershire. He approached the crossing going northerly on Broad street on a…
1Opinion of the Court
Chester, J. :
The only question presented for decision in this appeal is whether the evidence was such as required the submission of the case to the jury in the first instance. It is settled by the authorities that such submission is required where conflicting evidence fairly presents questions of fact for determination and where the result depends upon *294the weight which might be given by the jury to the evidence presented on behalf of the respective parties (Colt v. Sixth Ave. R. R. Co., 49 N. Y. 671; McDonald v. Metropolitan Street Ry. Co., 167 id. 66; Place v. N. Y. C. & H. R. R. R. Co., Id.…
2Cases cited4 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Colt v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1872
3Cited by4 opinions
- Wecker v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Cravath v. BaylisAppellate Division of the Supreme Court of the State of New York · 1906
- Duffy v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1906
- Miller v. New York Taxicab Co.Appellate Terms of the Supreme Court of New York · 1910