Hunter v. N. Y., Ontario & Western R. Co.
New York Court of Appeals
Appeal from a judgment of the second judicial department, affirming a judgment in favor of the plaintiff entered on a verdict of a jury.
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Assuming that the plaintiff was struck upon the head by the brick arch within the tunnel, and that he was, as a result of that blow, thrown from the cars and injured, I think there was ample evidence for the jury to determine that the defendant was guilty of neglect producing the accident, and that the plaintiff was free from carelessness contributing to it. The jury were warranted in finding that the only notice that the plaintiff had of the existence of the…
2Cases cited7 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- Merchants' National Bank of Whitehall v. HallNew York Court of Appeals · 1881
- Floyd v. RicksSupreme Court of Arkansas · 1853
- Swinnerton v. . Columbian Insurance Co.New York Court of Appeals · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Matter of ViemeisterNew York Court of Appeals · 1904
- Lessig v. Reading Transit & Light Co.Supreme Court of Pennsylvania · 1921
- Louisville & Nashville Railroad v. ChambersCourt of Appeals of Kentucky · 1915
- Maurizio D. Fortunato v. Ford Motor CompanyCourt of Appeals for the Second Circuit · 1972
- Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960
51 more not listed; retrieve them via the Exa API.