Wall v. International Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 23, 1921, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 23, 1921, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The plaintiff’s testimony established a complete cause of action — both the defendant’s negligence and the plaintiff’s freedom therefrom; at least the jury might have so found, and the nonsuit and judgment of affirmance are clearly erroneous. (Provoost v. International Ry. Co., 151 App. Div. 240; 208 N. Y. 611; Simons v. International Ry. Co., 152 App.…
1Opinion of the Court
Hiscocic, Ch. J.
The plaintiff brought this action to recover damages for personal injuries caused by being struck by one of defendant’s trolley cars in the city of Buffalo. Thus far a right of recovery has been denied on the ground that she was guilty of contributory negligence as a matter of law. We disagree with this view and, therefore, it becomes necessary briefly to state the facts by which her conduct is to be tested.
At the place where the accident happened defendant maintained two parallel tracks running practically north and south, there being between the nearest rails of the two…
2Cases cited7 opinions
- Reed v. Metropolitan Street Railway Co.New York Court of Appeals · 1905
- Pelletreau v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Provoost v. . International Railway CompanyNew York Court of Appeals · 1913
- Pelletreau v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1903
- Provoost v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
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3Cited by5 opinions
- Horton v. . N.Y.C.R.R. Co.New York Court of Appeals · 1923
- Horton v. New York Central RailroadNew York Court of Appeals · 1923
- Duke v. WassermanNew York Supreme Court · 1948
- Krantz v. GarmiseAppellate Division of the Supreme Court of the State of New York · 1961
- White v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1923