Hayden v. . New York Railways Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1920, affirming a judgment in favor of defendant entered upon a verdict.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1920, affirming a judgment in favor of defendant entered upon a verdict. The court’s charge was gravely prejudicial, in that in effect it instructed the jury that if they considered that the driver of the plaintiff’s taxicab would be liable to favor the plaintiff’s side, they might assume that had he been called his testimony would have been adverse to the plaintiff. (Stickney v. Ward, 21 Misc. Rep. 449; Neale v. Nassau El. R. R. Co., 161 App. Div. 95; Minch v. N. Y. & Q. C.…
1Opinion of the Court
Hiscock, Ch. J.
Plaintiff brought this action to recover damages alleged to have been sustained as the result of a collision between a hired taxicab in which he was riding and one of defendant’s cars. It is unnecessary to go into the details of the collision because no claim is made by defendant upon this appeal that there was not evidence entitling the plaintiff to go to the jury upon the questions respectively of defendant’s negligence and his contributory negligence. The only questions requiring our consideration are those arising from the failure of the plaintiff to call the driver of the…
2Cases cited6 opinions
- Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Cross v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
- Cullum v. ColwellSupreme Court of Connecticut · 1912
- State v. FitzgeraldSupreme Court of Vermont · 1896
- Jordan v. AustinSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- People v. GonzalezNew York Court of Appeals · 1986
- Wilson v. BodianAppellate Division of the Supreme Court of the State of New York · 1987
- United States v. William Darryl BlakemoreCourt of Appeals for the Sixth Circuit · 1973
- Chandler v. FlynnAppellate Division of the Supreme Court of the State of New York · 1985
- Longacre v. . Yonkers Railroad Co.New York Court of Appeals · 1923
22 more not listed; retrieve them via the Exa API.