Coulter v. American Merchants Union Express Co.
New York Supreme Court
This was an appeal by the defendant from a judgment entered upon the verdict of a jury after trial in the Onondaga County Court, and also from an order refusing a new trial in that court. The case came on appeal to the County Court from the court of a justice of the peace, where the defendant had a verdict for costs.
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This was an appeal by the defendant from a judgment entered upon the verdict of a jury after trial in the Onondaga County Court, and also from an order refusing a new trial in that court. The case came on appeal to the County Court from the court of a justice of the peace, where the defendant had a verdict for costs. The plaintiff claimed in her complaint for injuries received by jumping against the wall of the Vanderbilt House, in Syracuse, and laid her damages at $100. , The plaintiff gave evidence showing that she bad been injured by suddenly springing aside from the sidewalk against the…
1Opinion of the CourtMullin, P. J.
If the defendant’s driver drove on to the sidewalk, on which the plaintiff was walking, in a rapid manner, and near enough to her to give her reason to deem herself in danger, and if, under this belief, she instinctively jumped against the wall and injured herself, the defendant is liable, and the plaintiff was not chargeable with negligence. (Buel v. N. Y. Central R. R., 31 N. Y., 314.)
This was a question for the jury, and they have decided upon conflicting evidence that the defendant’s driver was, and the plaintiff was not, guilty of negligence.
This disposes of the merits of the…
2Cases cited2 opinions
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Dox v. DeyNew York Supreme Court · 1829
3Cited by6 opinions
- Knapp v. Sioux City & Pacific R'y Co.Supreme Court of Iowa · 1884
- Mark v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Graves v. HuntNew York Supreme Court · 1887
- Cohen v. PerskyAppellate Terms of the Supreme Court of New York · 1920
- Pharis v. GereNew York Supreme Court · 1884
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