Distler v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered June 15, 1894, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The question as to whether plaintiff was guilty of contributory negligence or not, under the circumstances, should have been submitted to the jury.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered June 15, 1894, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The question as to whether plaintiff was guilty of contributory negligence or not, under the circumstances, should have been submitted to the jury. (Lewis v. D. & H. C. Co., 145 N. Y. 515 ; Bucher v. N. Y. C. & H. R. R. R. Co., 98 N. Y. 128; Hunter v. C. & S. V. R. R. Co., 112…
1Opinion of the CourtMartin, J.
This action was to recover damages for personal injuries alleged to have been caused by the defendant’s negligence.
On the twenty-first day of June, 1892, the plaintiff was at Manhattan Crossing awaiting a train by which to reach Deer Park. Manhattan Crossing is a regular station upon the defendant’s road where all its trains stopped going east. After remaining a short time, a train arrived going in an opposite direction, when the plaintiff inquired of the conductor the time of the next train going to Deer Park, who replied that he would return with his train in thirty or thirty-five minutes,…
2Cited by22 opinions
- Kellegher v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadNew York Court of Appeals · 1902
- Weitzman v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Atchison, Topeka & Santa Fe Railway Co. v. HollowaySupreme Court of Kansas · 1905
- Mearns v. Central Railroad of New JerseyNew York Court of Appeals · 1900
- Garvey v. Rhode Island CompanySupreme Court of Rhode Island · 1904
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