Eckert v. . the Long Island Railroad Co.
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court, in the second judicial district, affirming a judgment for the plaintiff in the City Court of Brooklyn, upon the verdict of a jury.
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Appeal from the judgment of the late General Term of the Supreme Court, in the second judicial district, affirming a judgment for the plaintiff in the City Court of Brooklyn, upon the verdict of a jury. Action in the City Court of Brooklyn, by the plaintiff as administratrix of her husband, Henry Eckert, deceased, to recover damages for the death of the intestate, caused as alleged by the negligence of the defendant, its servants and agents, in the conduct and running of a train of cars over its road. The case, as made by the plaintiff, was, that the deceased received an injury from a…
1Dissent
The plaintiff's intestate was not placed in the peril from which he received the injury resulting in his death, by any act or omission of duty of the defendants, its servants, or agents. He went upon the track of the defendant's road in front of an approaching train, voluntarily, in the exercise of his free will, and while in the full possession of all his faculties, and with capacity to judge of the danger. His action was the result of his own choice, and such choice not compulsory. He was not compelled, or apparently compelled, to take any action to avoid a peril, and harm to himself, from…
2Cases cited4 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Evansville & Crawfordsville Railroad v. HiattIndiana Supreme Court · 1861
- Board of Supervisors v. HackettWisconsin Supreme Court · 1867
- Seagar v. SligerlandNew York Supreme Court · 1804