Hamilton v. . Erie R.R. Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The- nature of the action and the facts, so far as material, are stated in the opinion. The deceased was guilty of contributory negligence as a matter of law. (Swart v. N. Y. C. R. R. Co., 81 App. Div. 402; McSweeney v. E. R. R. Co., 93 App.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The- nature of the action and the facts, so far as material, are stated in the opinion. The deceased was guilty of contributory negligence as a matter of law. (Swart v. N. Y. C. R. R. Co., 81 App. Div. 402; McSweeney v. E. R. R. Co., 93 App. Div. 496; Dolfini v. Erie R. R. Co., 178 N. Y. 1; Spencer v. N. Y. C. & H. R. R. R. Co., 123 App. Div. 789; Cunningham v. D.,…
1Opinion of the CourtCollin, J.
The plaintiff seeks to recover, under the statute (Code of Civil Procedure, sections 1902-1905), the damages for a neglect of the defendant through which his intestate was killed while crossing, upon a highway, the tracks of defendant. The entire evidence at its close was submitted to the trial justice through motions for a dismissal of the complaint, the direction of a verdict for the defendant, and the direction of a verdict for the plaintiff. The justice directed a verdict in favor of the plaintiff. The consequent judgment was unanimously affirmed by the Appellate Division. The chief judge…
2Cases cited21 opinions
- United States v. Schooner PeggySupreme Court of the United States · 1801
- Edye v. RobertsonSupreme Court of the United States · 1884
- Whitney v. RobertsonSupreme Court of the United States · 1888
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Hauenstein v. LynhamSupreme Court of the United States · 1880
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3Cited by35 opinions
- Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
- Rosman v. Trans World Airlines, Inc.New York Court of Appeals · 1974
- Winbush v. City of Mount VernonNew York Court of Appeals · 1954
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