Wiel v. Wright
New York Supreme Court
Appeal from Onondaga county court. Action by Christian Wiel against Edward C. Wright for alleged negligence. Verdict for the plaintiff for $137, and an order made denying the motion for a new trial made upon the minutes in that court. The case was before this court on a former appeal, and was disposed of upon the ground that there had been an erroneous ruling at the trial.
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Appeal from Onondaga county court. Action by Christian Wiel against Edward C. Wright for alleged negligence. Verdict for the plaintiff for $137, and an order made denying the motion for a new trial made upon the minutes in that court. The case was before this court on a former appeal, and was disposed of upon the ground that there had been an erroneous ruling at the trial. See report of the case in 45 Hun, 307. On the 7th of March, 1885, the plaintiff, after closing his day’s work as a tailor, left the central portion of the city, in company with his daughter 12 years old, having with him a…
1Opinion of the CourtHardin, P. J.
1. Upon the conflicting evidence appearing at the trial, it was proper that the principal questions involved therein should be submitted to the jury. Whether the plaintiff was guilty of contributory negligence was a question of fact for the jury. So, too, whether the defendant was guilty of negligence was a question, upon the whole evidence, for the jury to determine. It appears in Adolph v. Railroad Co., 65 N. Y. 554, that an accident occurred whereby the plaintiff was brought in collision with a car. “Plaintiff did not hear the car until it was close up, and did not hear the driver call.…
2Cases cited7 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Hartfield v. RoperNew York Supreme Court · 1839
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
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3Cited by2 opinions
- Pearce v. RodellMichigan Supreme Court · 1937
- Nichols v. HavlatNebraska Supreme Court · 1942