Massoth v. President of Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 6 Iiun, 314.) This action was brought to recover damages for the alleged killing of plaintiff’s intestate, Adam Massoth. . The accident occurred September 4, 1874, at a point where a street in the city of Cohoes crósses defendant’s tracks. The street crosses the railroad diagonally.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 6 Iiun, 314.) This action was brought to recover damages for the alleged killing of plaintiff’s intestate, Adam Massoth. . The accident occurred September 4, 1874, at a point where a street in the city of Cohoes crósses defendant’s tracks. The street crosses the railroad diagonally. The deceased, who was in the employ of one Cornell Smith, was struck while riding on a load of hay with his employer, going…
1Opinion of the CourtAllen, J.
The instructions of the learned judge to the jury, in respect to the effect of the negligence of the intestate, or of Smith, his employer, contributing to the accident, were quite as favorable to the defendant as could be claimed in its behalf. The charge was very distinct, not only that, any neglect of the deceased in looking for and avoiding collision with the cars of the defendant would defeat the action, but that the neglect and omission of Smith, the owner and driver of the team, in whose service the deceased was at the time, would have the like effect; that both were bound to see, if…
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