Vandenbout v. Rochester Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant’s motion for a nonsuit and for direction of verdict upon the ground that plaintiff had failed to establish that her intestate was free from contributory negligence, should have been granted. (Reed v. M. R. Co., 108 N. Y. 315; Hewitt v. Brooklyn Heights R. R. Co., 63 App. Div. 423; Rutz v. N. Y. C. R.…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to recover damages for the death of the plaintiff’s intestate who was struck and killed by a trolley car while crossing defendant’s railroad on Main street in the city of Rochester. The deceased was in a car proceeding westerly along Main street. As the car approached Circle street, which terminates at, but does not cross, Main street, the deceased alighted on the right-hand or north side of the car. The next that was seen of him by any of the plaintiff’s witnesses was as he was getting up on his hands and knees from the south or further rail of the…
2Cases cited2 opinions
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Stabenau v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1898
3Cited by2 opinions
- Hubbard v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1918
- McGuiggan v. St. Paul City Railway Co.Supreme Court of Minnesota · 1949