Dolfini v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 21, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There was no legal evidence to submit to the jury to sustain the plaintiff’s contention that he had shown himself free from negligence which contributed to this accident. The complaint should have been dismissed on the motion of the defendant, and the defendant was…
1Opinion of the CourtCullen, J.
On the record before us we think that the plaintiff was clearly guilty of contributory negligence, precluding a recovery for his injuries; and that the motion of the defendant made on the trial to dismiss the complaint should have been granted. On a clear summer’s afternoon, between four and five o’clock, the plaintiff was driving along a public highway in Orange county towards the intersection of such highway with the Erie railroad known as Ryan’s crossing. The plaintiff was approaching the railroad from the south. When he arrived in the vicinity of the crossing there was a freight train…
2Cases cited1 opinion
- In Re the Estate of HarriotNew York Court of Appeals · 1895
3Cited by55 opinions
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Barry v. Southern Pac. Co.Arizona Supreme Court · 1946
- Westerkamp v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Colorado · 1907
- Rattie v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927
- Lawrence v. Denver & R. G. R. Co.Utah Supreme Court · 1918
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