Fiddler v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Fiddler, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 22d day of October, 1900, upon a nonsuit granted after a trial at the. Onondaga Trial Term.
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Appeal by the plaintiff, Thomas Fiddler, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 22d day of October, 1900, upon a nonsuit granted after a trial at the. Onondaga Trial Term. The action was begun on the 1st day of June,, 1899, to recover damages for injuries sustained -by the plaintiff oii the 19th day of February, 1898, while walking south on a highway near the village of Weedsport, in the county of ■ Cayuga, N. Y., and in attempting to cross defendant’s double-track railroad, which extends east and…
1Opinion of the Court
McLennan, J.:
There is no conflict in the evidence in this case, and the court - having directed a verdict for the defendant, the plaintiff “is entitled to the most favorable inferences deducidle from the evidence, and all disputed facts ¡are to be treated as established in (his) favor.” (McDonald v. Metropolitan Street Railway Co., 167 N. Y. 66, 68; Bank of Monongahela Valley v. Weston, 159 id. 201, 208.)
*97If the evidence thus interpreted presents a question of fact, tends to establish negligence on the part of the defendant and freedom from contributory negligence on the plaintiff’s part, the…
2Cases cited9 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Pollock v. . PollockNew York Court of Appeals · 1877
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Bagley v. . BoweNew York Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Barry v. Southern Pac. Co.Arizona Supreme Court · 1946
- Spencer v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Swart v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Kulp Transportation Lines, Inc. v. Erie RailroadNew York City Court · 1928
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
6 more not listed; retrieve them via the Exa API.