Adolph v. Central Park, North & East River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 J. & S., 199.) This action was brought to recover damages for injuries alleged to have been received because of negligence of defendant’s employe.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 J. & S., 199.) This action was brought to recover damages for injuries alleged to have been received because of negligence of defendant’s employe. It is reported upon a former appeal in 65 N. Y., 554. Plaintiff’s evidence tendered to show that, at the time of the injury complained of, ho was driving a one-horse wagon heavily loaded northward upon the track of defendant’s road on avenue A, in the city of Yew York, a car…
1Opinion of the CourtFolger, J.
We are of the opinion, that there was matter for the jury, upon the question, of the negligence of the defendant’s servant, and that of the contributory negligence of the plaintiff. It is not needful to add anything on these heads, to what was said by Earl, C., when this case was last in this court; (65 N. Y., 554.) The testimony is not so changed on the now trial as to make that saying now inapplicable.
Wo do not think that there was error, in taking the testimony of Avhat Avas lying on the ground, on the east side of the avenue. If thereby the plaintiff was stopped from going off the railway…
2Cited by45 opinions
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
- Pearce v. RodellMichigan Supreme Court · 1937
- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
- Mark v. . FritschNew York Court of Appeals · 1909
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