Kellogg v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, setting asido a verdict in favor of plaintiff and granting a new trial. This action was brought to recover damages for the alleged negligence of defendant, causing the death of Caleb S. Kellogg, plaintiff’s testator.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, setting asido a verdict in favor of plaintiff and granting a new trial. This action was brought to recover damages for the alleged negligence of defendant, causing the death of Caleb S. Kellogg, plaintiff’s testator. The deceased ivas struck and killed by an engine attached to a train upon defendant’s road, as he was crossing its track at a highway crossing. ^ Defendant’s counsel offered to prove on the trial that the life of the deceased was insured. This was objected to and rejected and said…
1Opinion of the CourtEarl, J.
Upon the trial of this action the court denied the motion of the defendant to nonsuit the plaintiff upon the ground that the evidence failed to show any negligence on its part, and upon the ground that it did show contributory negligence on the part of the deceased.
The only negligence on .the part of the defendant submitted to the jury was its omission to ring the engine bell, at the crossing.' While there was a great preponderance of evidence that the bell was rung, we cannot say that there was not some conflict in the evidence upon that question proper for submission to the jury." There was…
2Cases cited1 opinion
- Salter v. . Utica and Black River Railroad Co.New York Court of Appeals · 1878
3Cited by15 opinions
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
- Northern Pac. Ry. Co. v. SpikeCourt of Appeals for the Eighth Circuit · 1903
- Salter v. . Utica Black River Railroad Co.New York Court of Appeals · 1882
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