Johnson v. . the Hudson River Railroad Company
New York Court of Appeals
Appeal from the Superior Court of the city of New York. Action for alleged negligence, by which the husband of the plaintiff (whose executrix she is) was run over and killed by a baggage train, on the defendant’s railroad. The accident occurred in West street, in which the railroad tracks ran, at ita intersection with G-ansevoort street, in the city of New York.
Read the full summary
Appeal from the Superior Court of the city of New York. Action for alleged negligence, by which the husband of the plaintiff (whose executrix she is) was run over and killed by a baggage train, on the defendant’s railroad. The accident occurred in West street, in which the railroad tracks ran, at ita intersection with G-ansevoort street, in the city of New York. A sewer had been excavated in G-ansevoort street across West street, and remained open on the east side of the last named ■street, so that it could not be crossed by carts; and on the west •side of that street the passage was narrow…
1Opinion of the CourtDenio, J.
It is insisted on behalf of the defendants, that the judge erred in refusing to hold as matter of law, upon the facts proved, that the deceased was guilty of negligence; that if any question upon that branch of the case could be left to the jury, still he erred in charging that the negligence which would preclude a recovery must be such as directly contributed to the injury; and finally that he erred in his statement of the measure of care and prudence required from the deceased and the defendants respectively.
Erst. The general rule has been so often laid down and reiterated, that to enable a…
2Cases cited1 opinion
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
3Cited by103 opinions
- Nga Li v. Yellow Cab Co.California Supreme Court · 1975
- Northern Central Railway Co. v. State ex rel. PriceCourt of Appeals of Maryland · 1868
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
98 more not listed; retrieve them via the Exa API.