Sauerborn v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Schenectady county. Action by Nicholas Sauerborn, as administrator of Kate M. Sauerborn, deceased, against the New York Central & Hudson-River Railroad Company, for causing the death of plaintiff’s intestate. (From a judgment in favor of plaintiff for $4,178.71, damages and costs, and from an order denying a motion for a new trial, made on the minutes of the judge, defendant appeals.
1Opinion of the CourtPutnam, J.
The legal questions involved in this case have been so often considered that we deem an extended .discussion unnecessary. The appellant contends that the judgment cannot be sustained, because plaintiff failed to show the absence of contributory negligence on the part of the deceased, and also because of certain exceptions to the charge of the trial judge and his refusal1 *479to charge. It is well settled that it is only in exceptional cases that a nonsuit can be granted on account of the contributory negligence of the party injured. It is only where it clearly appears from all the circumstances,…
2Cases cited4 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- McCaffrey v. President of Delaware & Hudson Canal Co.New York Supreme Court · 1891
- Moore v. New York Central & Hudson River RailroadThe Superior Court of the City of New York and Buffalo · 1892
3Cited by5 opinions
- Christensen v. Oregon Short Line R. Co.Utah Supreme Court · 1905
- Harper v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Harper v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Meagher v. Cooperstown & Charlotte Valley RailroadNew York Supreme Court · 1894
- Meagher v. Cooperstown & Charlotte Valley RailroadNew York Supreme Court · 1894