H.M. Filer v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The action is brought to recover damages for injuries sustained by plaintiff while a passenger upon defendant’s cars. The plaintiff left Rochester for Fort Plain, on the' evening of the 4th of November, on a train which was to arrive at Fort Plain between three and four o’clock the following morning.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The action is brought to recover damages for injuries sustained by plaintiff while a passenger upon defendant’s cars. The plaintiff left Rochester for Fort Plain, on the' evening of the 4th of November, on a train which was to arrive at Fort Plain between three and four o’clock the following morning. On arriving there, the brakeman called out “Fort Plain.” As the ears approached the station they moved very slow, but did not stop. A…
1Opinion of the CourtAllen, J.
It was submitted to the jury, if they found that the plaintiff was directed by the brakeman to leave the cars or to get off when the ears were in motion, to determine whether under the circumstances there was any such negligence on her part as would preclude her from recovering; the judge having in substance instructed the jury that if a person seeks to recover for injuries resulting from the negligence of another, he must himself be free from any negligence contributing to the injury. The question was put to the jury whether the plaintiff acted as prudent persons generally would have acted…
2Cases cited1 opinion
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
3Cited by121 opinions
- Coleman v. . BurrNew York Court of Appeals · 1883
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Maidman v. StaggAppellate Division of the Supreme Court of the State of New York · 1981
116 more not listed; retrieve them via the Exa API.