Burns v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, John Burns, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon a nonsuit granted by the court at a Trial Term of the Supreme Court held in and for the county of Orleans on the 25th day of May, 1896. This action was brought to recover damages which the plaintiff claims to have sustained in consequence of a personal injury received by him while attempting to cross the defendant’s…
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Motion by the plaintiff, John Burns, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon a nonsuit granted by the court at a Trial Term of the Supreme Court held in and for the county of Orleans on the 25th day of May, 1896. This action was brought to recover damages which the plaintiff claims to have sustained in consequence of a personal injury received by him while attempting to cross the defendant’s railroad at a point where the same intersects a public highway in the village of Medina, Orleans county, known as West…
1Opinion of the Court
Adams, J.:
This case, like all similar cases, requires as a prerequisite to a recovery by the plaintiff that he should establish, by satisfactory proofs, that the injuries of which he complains were due solely to the negligence of the defendant without the intervention of any contributory negligence of his own.
*486The result of the trial indicates that, in the judgment of the learned trial court, the plaintiff, in some essential particular, failed to fulfill the obligation thus resting upon him, and it consequently becomes the duty of this court to determine .whether or not the facts in the case…
2Cases cited4 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Seeley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Collins v. New York, C. & St. L. RailroadNew York Supreme Court · 1895