O'Reilly v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the; office of the clerk of the county of Kings on the 1st day of May, 1902, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on tile 10th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
' There is no evidence which directly establishes or tends to estab-. lish, or permits the inference, that 'the intestate stopped or looked or listened before "lie walked across the rails .of the defendant. The learned counsel for the respondent is frank- to admit that there is no “ affirmative proof ” that the intestate did. any of these things,, but he insists that due care on the part of the intestate may be *493established by inferences. It is not enough that the facts proven permit an inference, but it is held that the inference sought must be the only one which can fairly and…
2Cases cited7 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Barker v. . SavageNew York Court of Appeals · 1871
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Estate of HaywardNew York Surrogate's Court · 1932
- Perrone v. Pennsylvania R.Court of Appeals for the Second Circuit · 1943
- Enstrom v. NeumoegenAppellate Terms of the Supreme Court of New York · 1911
- Griffith v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Huff v. American Fire Engine Co.Appellate Division of the Supreme Court of the State of New York · 1903
2 more not listed; retrieve them via the Exa API.