Hamilton v. Third Avenue Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Richard Hamilton against the Third Avenue Railroad Company. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtPryor, J.
It is a question of extreme doubt whether the plaintiff gave sufficient proof of negligence on the'part of the defendant to justify the submission of the issue to the jury. Conceding to him, however, a compliance with that condition'of recovery, we are perfectly satisfied, upon a careful consideration of the evidence, that he not only fails to acquit himself of contributory negligence, but shows to demonstration that his injury was the effect of his own fault. The action is for damages from a collision with defendant’s cable car, and the state of fact apparent on the close of the case is…
2Cases cited7 opinions
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Woodard v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Belton v. . BaxterNew York Court of Appeals · 1873
- Lee v. . Troy Citizens' Gas-Light Co.New York Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Moore v. Kansas City Railways Co.Supreme Court of Kansas · 1921
- New York Small Stock Co. v. Third Ave. RailroadNew York Court of Common Pleas · 1895
- Baumann v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1897
- Reens v. Mail & Exp. Pub. Co.New York Court of Common Pleas · 1894
- A. L. & J. J. Reynolds Co. v. Third Avenue RailroadNew York Court of Common Pleas · 1894
4 more not listed; retrieve them via the Exa API.