Davis v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, granting a new trial. This action is for causing the death of Horatio Davis, plaintiffs’ testator, hy the wrongful act of the defendant.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, granting a new trial. This action is for causing the death of Horatio Davis, plaintiffs’ testator, hy the wrongful act of the defendant. Davis was killed by collision with the defendant’s cars at a highway crossing in Riga, Monroe county, on the 18th of August, 1869. The action was tried at the Monroe circuit in February, 1871. At the close of the evidence on both sides, the court granted a nonsuit, on the ground that the negligence of the deceased contributed to his death, to which the plaintiffs…
1Opinion of the CourtGrover, J.
To entitle the plaintiffs to go to the jury, the evidence must have been such as to make the questions, whether the injury received by their testator was the result of the negligence of the defendant, and whether he was free from any negligence contributing thereto, proper for their determination. Eo question is made by the counsel for the appellant but that the first was such. The point made relates to the second. Upon this the difference between the counsel is not as to the law respecting the degree of care incumbent upon the testator to protect himself from injury in crossing the…
2Cited by16 opinions
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- Hartman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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