Ward v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
O’Brien and Hatch, JJ., dissented. Appeal by the plaintiff, Mary 0. Ward, as administratiix, etc., of Martin Joseph Ward, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 25th day of April, 1902, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Dissent
O’Brien, J. (dissenting):
I agree with Mr. Justice Ingraham in his conclusion that upon the evidence the question of defendant’s negligence was one for the jury; but I dissent from his further conclusion that from the evidence the deceased was, as matter of law, guilty of contributory negligence, thinking as I do that this question also was one for the-jury-
These facts so far as given in the opinion are correctly stated ; but there is one feature which is not given sufficient prominence . and which, I think, is important as bearing upon the question of contributory negligence. The cases relied…
2Cases cited6 opinions
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Noble v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Noble v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1899
- Henavie v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
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