Legal Opinion

Harper v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 2 opinions

Appeal by the plaintiff, Gertrude Harper, as administratrix, etc., of John F. Harper, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 1st day of March, 1897, upon a nonsuit granted by the court after a trial at the Broome Trial Term, and also from an order entered in said clerk’s office on the 16th day of February, 1897, denying the plaintiff’s motion for a new trial made upon the…

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Appeal by the plaintiff, Gertrude Harper, as administratrix, etc., of John F. Harper, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 1st day of March, 1897, upon a nonsuit granted by the court after a trial at the Broome Trial Term, and also from an order entered in said clerk’s office on the 16th day of February, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Merwin, J.:

This action is to recover damages for the death of John F. Harper, plaintiffs intestate, caused, as the plaintiff claims, by the negligence of the defendant. At the trial, at the close of the evidence *274on the part of the plaintiff, a nonsuit was granted, the main ground, as then stated, being that the evidence was not sufficient to cany to the jury the question of contributory negligence. The ground was also taken that no negligence on the part of defendant had been shown.

Harper was a motorman in the employ of the Binghamton Street Railroad Company, whose tracks run nearly east and…

2Cases cited5 opinions

  1. Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
  2. Chisholm v. . StateNew York Court of Appeals · 1894
  3. Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
  4. Campbell v. New York Cent. & H. R. R. Co.New York Supreme Court · 1888
  5. Sauerborn v. New York Central & Hudson River RailroadNew York Supreme Court · 1893

3Cited by2 opinions

  1. Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  2. Woodworth v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900

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