O'Mara v. . Hudson River R.R. Co.
New York Court of Appeals
The plaintiff, as administrator of his son Thomas, brought an. action against the defendants, to recover damages for the negligent killing of his son, on the 13th of April, 1866. At the close of the plaintiff’s evidence, the defendants moved for a nonsuit, which was denied. The plaintiff obtained a verdict for $1,500, for which judgment was entered.
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The plaintiff, as administrator of his son Thomas, brought an. action against the defendants, to recover damages for the negligent killing of his son, on the 13th of April, 1866. At the close of the plaintiff’s evidence, the defendants moved for a nonsuit, which was denied. The plaintiff obtained a verdict for $1,500, for which judgment was entered. The defendants moved at the Special Term for a new trial, on the ground that the verdict was against evidence, that it was against the weight of evidence, and that the damages were excessive. This motion was denied. The defendants appealed to the…
1Opinion of the Court
Hunt, Ch. J.
The only questions to be here considered arise upon the motion for a nonsuit made at the close of the plaintiff’s evidence. Ho question of law was presented to the court at any other point of the trial than at the making of that motion.
The points there presented were, first, that there was no negligence on the part of the defendant, and, second, that the negligence of the plaintiff contributed to the result.
On the first point, of the defendants’ negligence, the evidence tended to show that the bell was not rung or the whistle blown, as required by the statute. Two witnesses…
2Cases cited2 opinions
- McMahon v. . MayorNew York Court of Appeals · 1865
- Brown v. . New York Central Railroad Co.New York Court of Appeals · 1866
3Cited by40 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Westerfield v. Levis Bros.Supreme Court of Louisiana · 1891
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