Legal Opinion
Chamberlain v. . Lehigh Valley R.R. Co.
New York Court of Appeals
Decided May 20, 1924PublishedCited by 34 opinions
1Opinion of the CourtPound, J.
This is a death case. Plaintiff’s intestate was killed in a grade crossing collision as he was attempting to cross the tracks of defendant near Van Etten junction. On the trial plaintiff obtained a verdict of $7,250, but her complaint has been dismissed by the Appellate Division on the ground that intestate’s contributory negligence was established as matter of law.
It was always the rule that in cases of this kind the question of contributory negligence is ordinarily one of fact for the jury. (Massoth v. Delaware & Hudson Canal Co., 64 N. Y. 524.) Under the Code of Civil Procedure (§ 841-a),…
2Cases cited4 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Carr v. . Pennsylvania R.R. Co.New York Court of Appeals · 1918
- Nicholson v. . Greeley Square Hotel Co.New York Court of Appeals · 1919
- Seyford v. . Southern Pacific Co.New York Court of Appeals · 1916
3Cited by34 opinions
- Schrader v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1930
- Crough v. New York Central R.R. Co.New York Court of Appeals · 1932
- Scott County School District One v. Asher Ex Rel. McClureIndiana Supreme Court · 1975
- Eder v. CashinAppellate Division of the Supreme Court of the State of New York · 1953
- Wadsworth v. Delaware, Lackawanna & Western River RailroadNew York Court of Appeals · 1947
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