Demarest v. Forty-second Street, Manhattanville & St. Nicholas Avenue Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the. plaintiff, Cornelius ¿T. Demarest, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of ISTew York on the 6th day of December, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of December, 1904, denying the plaintiff’s motion for a new trial made upon the minutes. .
1Opinion of the Court
McLaughlin, J.:
This is the ordinary action to recover damages for personal injuries alleged to have- been sustained by reason of defendant’s negligence. That the plaintiff, at the time referred to in the complaint, sustained severe personal injuries, or that he was free from negligence, was not seriously contested at the trial. It was, hdwever, contended that the defendant was not responsible, inasmuch as its negligence was not the proximate cause of the accident.
The facts are hot complicated. The plaintiff started to walk in a westerly direction across Broadway at Eighty-first street in the…
2Cases cited3 opinions
- Webster v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Travell v. BannermanAppellate Division of the Supreme Court of the State of New York · 1902
- Lipp v. Otis Bros. & Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Daas v. PearsonNew York Supreme Court · 1971
- Jerome v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Boston Insurance v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- Flynt v. RightmeyerNew York Supreme Court · 1919