Terry v. . Jewett
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought to recover damages sustained by reason of the death of the plaintiff’s intestate, caused, as alleged, by the negligence of the defendant’s servants.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought to recover damages sustained by reason of the death of the plaintiff’s intestate, caused, as alleged, by the negligence of the defendant’s servants. The injury occurred' April 18, 1876, at a station at Darien, Genesee county, on the Erie railway, then being run. by defendant as receiver, where the intestate was waiting to. take a passenger train for Buffalo.…
1Opinion of the CourtMiller, J.
Upon the trial the main controversy related to the questions arising as to the negligence of the railway company and the deceased. It is urged that no negligence had been proved on the part of the defendant, and that the jury were not authorized to find, as a question of fact, that the deceased was free from contributory negligence. A motion was made for a nonsuit at the conclusion of the plaintiff’s evidence, and to dismiss the complaint at the close of the case, upon each of these grounds. Unless, as a matter of law, there was a delect in the case made out by the plaintiff in one or both of…
2Cited by57 opinions
- Baltimore & Ohio Railroad v. State ex rel. HauerCourt of Appeals of Maryland · 1883
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- McCarthy v. PalmerDistrict Court, E.D. New York · 1939
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
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