Legal Opinion

Hamilton v. . Erie R.R. Co.

New York Court of Appeals

Decided November 28, 1916PublishedCited by 35 opinions

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

  1. United States v. Schooner PeggySupreme Court of the United States · 1801
  2. Edye v. RobertsonSupreme Court of the United States · 1884
  3. Whitney v. RobertsonSupreme Court of the United States · 1888
  4. Bank of United States v. DandridgeSupreme Court of the United States · 1827
  5. Hauenstein v. LynhamSupreme Court of the United States · 1880

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3Cited by35 opinions

  1. Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
  2. Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
  3. Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
  4. Rosman v. Trans World Airlines, Inc.New York Court of Appeals · 1974
  5. Winbush v. City of Mount VernonNew York Court of Appeals · 1954

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