White v. . Lehigh Valley R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 28, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The cause of the accident and of defendant’s alleged negligence is not pointed out by plaintiff. There is a total failure of proof in this respect. (Nellis v. McLaughlin, 79 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 28, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The cause of the accident and of defendant’s alleged negligence is not pointed out by plaintiff. There is a total failure of proof in this respect. (Nellis v. McLaughlin, 79 App. Div. 470; Owen v. Retsof Mining Co., 102 App. Div. 130; Conlin v. Rodgers, 39 N. Y. S. R. 51; Dobbins v. Brown, 119 N. Y. 188.) The…
1Opinion of the CourtCollin, J.
The action is to recover damages for the neglect of the defendant by which the death of plaintiff’s intestate was caused. The Appellate Division by a decision not unanimous affirmed the judgment consequent upon the verdict of the jury in favor of the plaintiff.
The governing facts are: In the passage of a freight train of the defendant from Auburn, New York, to Sayre, Pennsylvania, it became necessary, at about ten o’clock in the evening of June 18,1913, to back twelve or more cars northerly upon a siding. The decedent was, and had been through the last prior year, a brakeman in the employ of…
2Cases cited4 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Scharff v. . JacksonNew York Court of Appeals · 1916
- Byrne v. Boston Woven Hose & Rubber Co.Massachusetts Supreme Judicial Court · 1906
3Cited by64 opinions
- Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
- Ingersoll v. Liberty Bank of BuffaloNew York Court of Appeals · 1938
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Markel v. SpencerAppellate Division of the Supreme Court of the State of New York · 1958
- Splinter v. City of NampaIdaho Supreme Court · 1953
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