Morrison v. . New York Central and Hudson River Rd. Co.
New York Court of Appeals
This was an action to recover damages for the alleged negligent killing of Martin Morrison, plaintiff’s intestate. The deceased, a boy about fourteen years of age, was driving a team and wagon on the highway at La Salle, Niagara county, across defendant’s tracks, when the wagon was struck by a passing work train and he was injured so that he died the same day. The principal question was as to contributory negligence on the part of the deceased.
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This was an action to recover damages for the alleged negligent killing of Martin Morrison, plaintiff’s intestate. The deceased, a boy about fourteen years of age, was driving a team and wagon on the highway at La Salle, Niagara county, across defendant’s tracks, when the wagon was struck by a passing work train and he was injured so that he died the same day. The principal question was as to contributory negligence on the part of the deceased. The court held (Earl, J., dissenting) that the facts and circumstances proved were sufficient to warrant the submission of that question to the jury.…
1Opinion of the Court
Folger, J.,
reads for affirmance; Rapallo, Andrews and Miller, JJ., concur; Earl, J., dissents; Church, Oh. J., and Allen, J., not voting.
Judgment affirmed.
2Cited by11 opinions
- Boyce v. . Manhattan Railway Co.New York Court of Appeals · 1890
- Seitz v. Dry-Dock, East Broadway & Battery RailroadNew York Court of Common Pleas · 1890
- Morison v. Broadway & Seventh Avenue RailroadNew York Supreme Court · 1890
- Norwood v. Preferred Accident InsuranceAppellate Terms of the Supreme Court of New York · 1907
- Butterfield v. StateNew York Court of Claims · 1922
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