Nolan v. . Brooklyn City Newtown R.R. Co.
New York Court of Appeals
Appeal from, the judgment of the General Term of the Oity Court of Brooklyn, entered upon an order made October 25, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been occasioned by defendant’s negligence. , The material facts are stated in the opinion. As matter of law, plaintiff was guilty of contributory negligence.
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Appeal from, the judgment of the General Term of the Oity Court of Brooklyn, entered upon an order made October 25, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been occasioned by defendant’s negligence. , The material facts are stated in the opinion. As matter of law, plaintiff was guilty of contributory negligence. (Gen. R. R. Law, Laws of 1850, p. 211; Phillips v. The Railroad, 49 N. Y. 177; Clark v. The Eighth Ave. R. R. Co., 36 id. 135, 138; Hickey v. R. R., 14 Allen, 429, 432; Ward…
1Opinion of the CourtFinch, J.
This is one of those cases where the real quarrel is with the verdict of the jury, and the struggle on appeal is to avoid their solution of the question of fact. Whether that can be successfully done, within the limits of our power of review, is the question to be considered.
The plaintiff, at a late hour of the evening, took passage upon one of the street cars of the defendant company. There were but two or three other passengers and abundance of room and vacant seats inside. Nevertheless, the plaintiff, who was smoking, rode upon the front platform. He did so, he says, because it was the…
2Cases cited8 opinions
- Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
- People Ex Rel. Phelps v. Court of Oyer & TerminerNew York Court of Appeals · 1881
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
- Phillips v. . Rensselaer and Saratoga R.R. Co.New York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- People v. MalkinNew York Court of Appeals · 1928
- Graham v. Manhattan Railway Co.New York Court of Appeals · 1896
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- The People v. . IrvingNew York Court of Appeals · 1884
- Topeka City Railway Co. v. HiggsSupreme Court of Kansas · 1888
54 more not listed; retrieve them via the Exa API.