Legal Opinion
Puff v. Lehigh Valley Railroad
New York Supreme Court
Decided September 15, 1893PublishedCited by 1 opinion
Appeal from circuit court, Chemung county. Action by Frederick W. Puff, as administrator of Wiliam H. Erway, deceased, against the Lehigh Valley Railroad Company, for negligently killing decedent at a highway crossing. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHardin, P. J.
When the plaintiff rested, the defendant moved for a nonsuit, on the following grounds:
“(1) That the evidence does not clearly show negligence on the part of the defendant; (2) that the evidence does not affirmatively show freedom from negligence on the part of the deceased; (3) that the evidence does clearly show negligence on the part of the deceased.”
The court remarked, viz.:
“I think I will postpone the decision of the motion until after the evidence of the defendant is in.”
At the close of the defendant’s eviden.ce, the counsel for the defendant renewed the motion on the same grounds, and…
2Cases cited7 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Daniels v. Staten Island Rapid Transit Co.New York Court of Appeals · 1891
- McKeever v. . the New York Central Hudson River Rd. Co.New York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pitts v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894