Rebmann v. Delaware, L. & W. R.
District Court, W.D. New York
At Law. Action by May Rebmann, as executrix of Philip Rebmann, deceased, against the Delaware, Lackawanna & Western Railroad Company. Verdict for plaintiff, and defendant moves for a new trial.
1Opinion of the Court
HAZEL, District Judge.
This is a motion for a new trial by the defendant, on the ground that the evidence shows that plaintiff was guilty of contributory negligence as a matter of law, and also that the verdict was grossly excessive and should be set aside.
[1, 2] The evidence in my judgment required submitting the case to the jury as to whether the plaintiff’s intestate was guilty of contributory negligence, and though at the trial I expressed some doubt on this point, and as to the sufficiency of the evidence and circumstances surrounding the accident, I am nevertheless of the present opinion…
2Cases cited6 opinions
- Sackheim v. . PigueronNew York Court of Appeals · 1915
- Carr v. . Pennsylvania R.R. Co.New York Court of Appeals · 1918
- United States Director General of Railroads v. ZanzingerCourt of Appeals for the Fourth Circuit · 1920
- Mullen v. Schenectady Railway Co.New York Court of Appeals · 1915
- Hines v. HooverCourt of Appeals for the Fifth Circuit · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Briscoe v. United StatesCourt of Appeals for the Second Circuit · 1933