New York Transp. Co. v. O'Donnell
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Eastern. District of New York. Writ of error to review a judgment of the Circuit Court, Eastern District of New York, entered upon a verdict of a jury in favor of the defendant in error, who was the plaintiff below. In the following opinion the parties are designated as in,the court below.
1Opinion of the Court
NOYES, Circuit Judge.
In this action the plaintiff seeks to recover
damages for the death of William O’Donnell, resulting from injuries received in a collision with an automobile owned and operated by the defendant upon or near the Plaza, New York, in January, 1905. The basis of the action stated in the complaint was the negligence of the defendant’s chauffeur. The answer denied the allegations of negligence, and charged contributory negligence.
Upon the trial the court charged the jury with respect to the questions of negligence and contributory negligence, and then went on to say:
“If an…
2Cited by4 opinions
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- Seaboard Airline R. Co. v. Pan American Petroleum & Transport Co. The Pan MarylandCourt of Appeals for the Fifth Circuit · 1952
- Morser v. Southern Pacific Co.Oregon Supreme Court · 1924
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909