Fardette v. New York & Stamford Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York and Stamford Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 3d day of April, 1918, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the same day denying said defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, New York and Stamford Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 3d day of April, 1918, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the same day denying said defendant’s motion for a new trial made upon the minutes. Appeal by the plaintiff, Amelia M. Fardette, as administratrix, and by the defendant, New York and Stamford Railway Company, from a judgment of the Supreme Court in .favor of the defendant Farron…
1Opinion of the Court
Blackmar, J.:
I think that the judgment against the defendant railway company should be reversed because of errors in the charge of the learned court on the subject of contributory negligence. A consideration of the whole charge on this subject leads to the conclusion that the question of contributory negligence was withdrawn from the jury; and although the defendant’s request to charge on this subject was erroneous because it assumed that the duty of showing that the decedent was free from contributory negligence rested on the plaintiff, yet the defendant railway company excepted to that…
2Cases cited5 opinions
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Kenney v. RhinelanderAppellate Division of the Supreme Court of the State of New York · 1898
- Ward v. International Railway Co.New York Court of Appeals · 1912
- Kleffmann v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by11 opinions
- Cooper v. National Railroad Passenger Corp.California Court of Appeal · 1975
- Kelleher v. F.M.E. Auto Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Rodak v. FuryAppellate Division of the Supreme Court of the State of New York · 1969
- Swilley v. Economy Cab Co. of JacksonvilleSupreme Court of Florida · 1950
- Elsie Olsen, as Administratrix of the Goods, Chattels and Credits of Ingolf Olsen v. The New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1965
6 more not listed; retrieve them via the Exa API.