Dascomb v. Buffalo & State Line Rail Road
New York Supreme Court
APPEAL by the defendant from an order made at a special term, denying a motion for a new trial, upon a case and exceptions separately stated. The facts, and the questions of law arising thereon, are set forth in the opinion of the court.
1Opinion of the Court
By the Court, Marvin, J.
Several questions are presented by the defendant. The most important is that relating to the negligence of the plaintiff. There was evidence tending to prove the negligence of the defendant, and also the¡ contrary. When the plaintiff rested, the defendant moved for a nonsuit, *223upon the grounds, 1. That the plaintiff had failed to show that the injury was occasioned without fault on his part. 2. That the evidence showed that the plaintiff was himself negligent, and that his negligence contributed to produce the injury complained of. The motion was denied, and the…
2Cases cited4 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
- Sheffield & Herrender v. Rochester & Syracuse Rail RoadNew York Supreme Court · 1856
3Cited by27 opinions
- Toledo & Wabash Railway Co. v. GoddardIndiana Supreme Court · 1865
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Maryland Central Railroad v. NeubeurCourt of Appeals of Maryland · 1884
- Walker v. . CaywoodNew York Court of Appeals · 1865
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