Scaggs v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 6, 1893, which reversed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit and ordered a new trial. The plaintiff brought this action to recover damages from the defendant for causing the death of her intestate.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 6, 1893, which reversed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit and ordered a new trial. The plaintiff brought this action to recover damages from the defendant for causing the death of her intestate. The accident occurred at the Division street crossing of the defendant’s railroad, in the village of Saratoga Springs. Division street crosses the defendant’s tracks east and west, at a point immediately south of the railroad…
1Opinion of the CourtGray, J.
Upon the evidence which the plaintiff adduced in support of her complaint, that the death of her intestate was caused by the negligence of the defendant, I think that she was properly non-suited. The facts very clearly showed that there was nothing done, or omitted to be done, on the part of the defendant to charge it with negligence; unless it be with reference to the act of Bentley, the gatetender, or with reference to the locomotive and train of cars standing by the station. If we consider, in the first place, what was done by the gatetender, we see him acting in the exercise of…
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- Christensen v. James S. Hannon, Inc.New York Court of Appeals · 1920
- Wolf v. Des Moines Elevator Co.Supreme Court of Iowa · 1905
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