Waddell v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 21st day of March, 1904, denying the defendant’s motion, made upon the minutes, to set aside the verdict of a jury in favor of the plaintiff for $4,000, and for a new trial of the action.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 21st day of March, 1904, denying the defendant’s motion, made upon the minutes, to set aside the verdict of a jury in favor of the plaintiff for $4,000, and for a new trial of the action. The action was commenced on the 26th day of October, 1903, to recover damages sustained by the next of kin of William A. Wad-dell, deceased, because of his death which occurred on the 10th day…
1Opinion of the Court
McLennan, P. J.:
The only question which need be considered is: Did the plaintiff establish by a fair preponderance of evidence that his intestate was free from contributory negligence, or was the finding of the jury that he was, contrary to or against the weight of the evidence ?
The question'of defendant’s negligence was clearly one of fact to be determined by the jury, and no exceptions were taken to the rulings of the learned trial court in the admission or rejection of evidence, to the charge or refusal to charge, which present reversible error.
York street, which is lqcated in a thickly…
2Cases cited1 opinion
- McSweeney v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Turck v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Turnier v. New York Central RailroadNew York Supreme Court · 1925