Butler v. Falls Glens Falls, Sandy Hill & Fort Edward Street Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are sufficiently stated in the opinion. The plaintiff’s attempt to get on the car while in motion was an act of negligence which, in fact, contributed to the injury.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are sufficiently stated in the opinion. The plaintiff’s attempt to get on the car while in motion was an act of negligence which, in fact, contributed to the injury. (Phillips v. R. & S. R. R. Co., 49 N. Y. 177; Lovitt v. S. R. R. Co., 9 Allen, 557; Gennon v. N. Y. H. R. R. Co., 1…
1Opinion of the CourtPeckham, J.
We are fully satisfied that the plaintiff in this action made out a case for submission to the jury, both upon the question of the alleged negligence of the defendant and his own freedom from any negligence which contributed te the injury. The very full and satisfactory opinion delivered at General Term upon these points, as well as upon the exceptions to the refusals to charge as requested, renders it unnecessary for us to say anything more upon them.
One question was argued here which does not appear to have been urged as a ground for a new trial at the General Term.
The case states that a…
2Cases cited3 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hildreth v. . City of TroyNew York Court of Appeals · 1886
- Greenfield v. . PeopleNew York Court of Appeals · 1878
3Cited by5 opinions
- West Chicago Street Railroad v. ManningIllinois Supreme Court · 1897
- Hall v. Terre Haute Electric Co.Indiana Court of Appeals · 1905
- Blair v. M. McCormack Construction Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Laidlaw v. SageAppellate Division of the Supreme Court of the State of New York · 1896
- Chicago Union Traction Co. v. O'BrienAppellate Court of Illinois · 1904