Daniels v. Staten Island Rapid Transit Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for the negligent killing by defendants of John W. Daniels, plaintiff’s intestate. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for the negligent killing by defendants of John W. Daniels, plaintiff’s intestate. The facts, so far as material, are stated in the opinion. The question whethei the'defendant was or was not negligent in a case like this is a question of law to be determined by the court. (Burke v.…
1Per curiam
We think the plaintiff failed to maintain her action both in respect of the negligence of the defendant, and the freedom of the intestate from contributory negligence. Ro negligence can be imputed to the defendant by reason of the speed of the train, nor from its omission to maintain gates at the crossing, nor from the fact that there were not two flagmen instead of one, nor by any reason of any negligence of the flagman in failing to warn the deceased of the impending danger. It was not shown that the train was running at excessive speed. There was no duty resting on the defendant to have…
2Cases cited1 opinion
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
3Cited by17 opinions
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Purdy v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Huber v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Stopp v. Fitchburg RailroadNew York Supreme Court · 1894
- Albert v. New York Central & Hudson River RailroadNew York Supreme Court · 1894
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