Baker v. . Close
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff not only failed to show herself free from contributory negligence, but was guilty of contributory negligence as a matter of law.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff not only failed to show herself free from contributory negligence, but was guilty of contributory negligence as a matter of law. (Perez v. Sandrowitz, 180 N. Y. 397; Reynolds v. N. Y. C. & H. R. R. R. Co., 58 N. Y. 248; Tucker v. N. Y. C. & H. R. R. R. Co., 124 N. Y. 308; Barker v. Savage, 45 N. Y.…
1Opinion of the CourtWerner, J.
The plaintiff was run down at a busy street crossing in Schenectady by an automobile owned by the defendants and driven by their employee. The collision occurred under circumstances which are variously narrated by different witnesses, but the negligence of the defendants’ driver was practically conceded on the argument, and the most cursory perusal of the record discloses such a conflict of testimony as to the plaintiff’s alleged contributory negligence, that it clearly presented a question of fact upon which the verdict is conclusive. As there are no exceptions which merit discussion, this…
2Cases cited3 opinions
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Brooks v. . SchwerinNew York Court of Appeals · 1873
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
3Cited by54 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Adler v. MartinSupreme Court of Alabama · 1912
- Wine v. JonesSupreme Court of Iowa · 1917
- Walmer-Roberts v. HennesseySupreme Court of Iowa · 1921
- Graham v. HagmannIllinois Supreme Court · 1915
49 more not listed; retrieve them via the Exa API.