Harper v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court, Broome county. Action by Gertrude Harper, as administratrix of John F. Harper, deceased, against the Delaware, Lackawanna & Western Railroad Company. From a judgment on a nonsuit, and from an order denying a motion on the minutes for a new trial, plaintiff appeals. Reversed. . Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtMerwin, J.
This action is to recover damages for the death of John F. Harper, plaintiff’s intestate, caused, as the plaintiff claims, by the negligence of the defendant. At the trial, at the close of the evidence on the part of the plaintiff, a nonsuit was granted, the main ground, as then stated, being that the evidence was not sufficient to carry 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 track runs nearly east and west…
2Cases cited12 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Chisholm v. . StateNew York Court of Appeals · 1894
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Rodrian v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1891
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