Brooks v. Buffalo & Niagara Falls Rail Road
New York Supreme Court
THIS was an appeal from the recorder’s court of the city of Buffalo. The plaintiff sued the defendants in the court below for negligently running their cars against the plaintiff while he was driving a span of horses and wagon in a public highway in the village of Black Rock, by means of which the plaintiff was thrown from his wagon and greatly injured.
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THIS was an appeal from the recorder’s court of the city of Buffalo. The plaintiff sued the defendants in the court below for negligently running their cars against the plaintiff while he was driving a span of horses and wagon in a public highway in the village of Black Rock, by means of which the plaintiff was thrown from his wagon and greatly injured. On the trial the plaintiff had a verdict for §900, upon lvhich judgment was entered, and the defendants appealed to this court.
1Opinion of the Court
By the Court, Greene, J.
The important question in the case arises upon the refusal of the court to direct a verdict for the defendants on the ground that the plaintiff was guilty of negligence which contributed to the injury; and the question is, was such negligence so conclusively proved by the evidence that there was no question to submit to the jury in relation to it 7 If so, the court should have directed a verdict for the defendant according to the request of their counsel, and the refusal to do so was error.
The undisputed facts proved on the trial are, that the defendants’ cars were…
2Cases cited3 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Haring v. New-York & Erie RailroadNew York Supreme Court · 1852
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
3Cited by8 opinions
- Toledo & Wabash Railway Co. v. GoddardIndiana Supreme Court · 1865
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- Deyo v. . New York Central Railroad Co.New York Court of Appeals · 1865
- Chicago & Rock Island Railroad v. McKeanIllinois Supreme Court · 1866
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