Albrecht v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Elizabeth. Albrecht, as administratrix, against the New York Central & Hudson Biver Bailroad Company. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from trial term, New York county. Action by Elizabeth. Albrecht, as administratrix, against the New York Central & Hudson Biver Bailroad Company. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. The court instructed the jury that “a witness who has an interest in the result of the verdict, either by way of gain expected or to avoid liability or censure for the accident, gives testimony which you are at liberty to reject, even if uncontradicted, and though the credibility of such witness may not be directly impeached, should you believe…
1Opinion of the CourtHatch, J.
There can be no doubt but that the evidence in this case justified the verdict of the jury in so far as the question of the defendant’s negligence contributing to the injury is concerned. The question of the contributory negligence of the deceased, however, is much closer, and approaches near to the border line. Yet, upon the whole, we think that sufficient appeared to carry the case to the jury upon this question. It would serve no useful purpose to set out in detail the process by which we reach this conclusion. It is sufficient to say that the testimony upon the part of the plaintiff…
2Cases cited3 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Berzevizy v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Miles v. Fonda, J. & G. RailroadNew York Supreme Court · 1895
3Cited by1 opinion
- Tierney v. Helvetia Swiss Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1908