Downs v. New York Central Railroad
New York Court of Appeals
Appeal fi’om judgment of the General Term of the Supreme Court, in the seventh judicial district, affirming judgment upon a verdict in favor of the plaintiff, and affirming an order denying a motion for a new trial. The action was for an injury to the plaintiff while a passenger on the defendant’s road, alleged to have been caused by the defendant’s negligence. The injury to the plaintiff occurred at Rome on the 18th of April, 1860. The plaintiff was then twelve years old.
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Appeal fi’om judgment of the General Term of the Supreme Court, in the seventh judicial district, affirming judgment upon a verdict in favor of the plaintiff, and affirming an order denying a motion for a new trial. The action was for an injury to the plaintiff while a passenger on the defendant’s road, alleged to have been caused by the defendant’s negligence. The injury to the plaintiff occurred at Rome on the 18th of April, 1860. The plaintiff was then twelve years old. The evidence showed, that on the morning of the day of ■ the injury, the plaintiff, with his mother, took the cars at…
1Opinion of the CourtAllen, J.
There was a conflict of evidence as to the circumstances under which the plaintiff received the injury complained of, and bearing upon the question of negligence on the part of the defendant, and whether the plaintiff was chargeable with contributory fault. That the verdict is supported by evidence and cannot he disturbed by this court as wholly without proof, is not controverted by the counsel for the appellant. The question of fact, litigated upon the trial and submitted to the jury, was whether the plaintiff attempted to get off the cars while they were in motion, and in making the attempt…
2Cases cited4 opinions
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- Guy v. . MeadNew York Court of Appeals · 1860
- Walker v. . DunspaughNew York Court of Appeals · 1859
- Bearss v. . CopleyNew York Court of Appeals · 1854
3Cited by9 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Ward v. WardMichigan Supreme Court · 1877
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. KeelyIndiana Supreme Court · 1894
- Gale v. New York Central & Hudson River RailroadNew York Supreme Court · 1877
- Driggs v. SmithThe Superior Court of New York City · 1873
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