Stackus v. New York Central & Hudson River Railroad
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 defendant, entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through the negligence of the employees of defendant. The facts are sufficiently stated in the opinion.
1Opinion of the Court
Church, Ch. J.
This case belongs to á class of cases of frequent occurrence. The amount involved is not so large as to render it important. The importance of the case arises chiefly, from the necessity of keeping the dividing line between questions of law which belong exclusively to the court, and questions of fact which belong to the jury to determine, well defined and understood. Upon the plaintiff’s evidence it is not denied, but the jury would have been justified in finding negligence on the part of the defendant’s agents and employees. The plaintiff was nonsuited u¡Jon the ground that he…
2Cases cited2 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- McCall v. . New York Central Railroad CompanyNew York Court of Appeals · 1873
3Cited by55 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Kain v. . SmithNew York Court of Appeals · 1882
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
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