Parsons v. Syracuse, Binghamton & New York Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court • in the third judicial department, entered June 26, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion for a nonsuit should have been granted on account of failure to show freedom from contributory negligence.
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Appeal from a judgment of the Appellate Division of the Supreme Court • in the third judicial department, entered June 26, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion for a nonsuit should have been granted on account of failure to show freedom from contributory negligence. (Clancy v. N. Y., N. H & H. R. R. Co., 201 N. Y. 235; Wieland v. D. & H. Co., 167 N. Y. 19; Zaun v. L. I. R. R. Co., 130 App. Div. 719; Getman v. D., L. & W. R. R. Co., 162 N. Y. 21; Drago…
1Opinion of the CourtHiscock, J.
As plaintiff’s intestate attempted to cross defendant’s tracks in the night time with' his wife in a covered buggy drawn by one horse he was struck by a light engine and both he and his wife were instantly killed.
There were no surviving eye-witnesses of the accident except the defendant’s engineer, who did not see the intestate’s conveyance until an instant before the acci dent. The evidence permitted the jury to find amongst other things that the night was dark, rainy and somewhat misty; that the view in both directions was obstructed as intestate approached the crossing; that at a point…
2Cases cited5 opinions
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Wieland v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
- Fejdowski v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Monck v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1905
3Cited by10 opinions
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Hamilton v. . Erie R.R. Co.New York Court of Appeals · 1916
- Coltrain Ex Rel. Coltrain v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1939
- Southern Railway Co. v. CampbellSupreme Court of Virginia · 1939
- Langston v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1941
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