Button v. . the Hudson River Railroad Company
New York Court of Appeals
Appeal from the Superior Court of New York city. Action by the administratrix and widow of Thomas Button for damages for the death of her husband, who was run over and killed by the horse cars of the defendant passing down West-street, in the city of New .York, at 11 o’clock of the night of November 13, 1853. Upon the trial, before' Mr. Justice Slosson, it was proved that Button, the intestate, had been drinking at one or more dram shops during the evening previous to the…
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Appeal from the Superior Court of New York city. Action by the administratrix and widow of Thomas Button for damages for the death of her husband, who was run over and killed by the horse cars of the defendant passing down West-street, in the city of New .York, at 11 o’clock of the night of November 13, 1853. Upon the trial, before' Mr. Justice Slosson, it was proved that Button, the intestate, had been drinking at one or more dram shops during the evening previous to the accident; about five minutes after he left one of them, which was in West-street and near the track of the defendant’s…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Two points are made for the appellants: First, that the justice, at the trial, erred in instructing the jury, in substance, that negligence of the intestate, to prevent a recovery, must have directly contributed to the injury; and, second, that the justice erred in refusing to charge that it belonged to the plaintiff, in order to maintain the action, to establish affirmatively that the intestate was not guilty of negligence.
In regard to the first point, if there…
2Cases cited5 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Bush v. BrainardNew York Supreme Court · 1823
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
- Harlow v. HumistonNew York Supreme Court · 1826
3Cited by50 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Toledo & Wabash Railway Co. v. GoddardIndiana Supreme Court · 1865
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
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