Lowery v. . Manhattan Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made May 24, 1884, which affirmed a judgment in favor of plain tiff, entered upon a verdict. This action was brought to recover damages for personal injuries, alleged to have been caused by plaintiffs negligence. The material facts are stated in the opinion. The cause of the injury complained of was too remote.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made May 24, 1884, which affirmed a judgment in favor of plain tiff, entered upon a verdict. This action was brought to recover damages for personal injuries, alleged to have been caused by plaintiffs negligence. The material facts are stated in the opinion. The cause of the injury complained of was too remote. (Ryan v. N. Y. C. R. R. Co., 35 N. Y. 210; Penn R. R. Co. v. Kerr, 62 Penn. 653; Marble v. City of Worcester, 70 Mass. 395; City of Rockford v. Tripp,…
1Opinion of the CourtMiller, J.
The principal question arising upon this appeal relates to the right of the plaintiff to recover for the injuries sustained.
The claim of the defendant is, that the cause of the injury was too remote to authorize a recovery of any damages whatever, and it is urged that the court erred in denying the motion to dismiss the complaint, made by the defendants’ counsel on the ground stated, as well as in the charge to the jury, that if they believed that the coal and ashes fell from the defendant’s locomotive, through any negligence on the' part of the defendant, its servants or agents, and falling…
2Cases cited6 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Guille v. SwanNew York Supreme Court · 1822
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Williams v. State of New YorkNew York Court of Appeals · 1955
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Clark v. E. I. du Pont de Nemours Powder Co.Supreme Court of Kansas · 1915
- Hellan v. Supply Laundry Co.Washington Supreme Court · 1917
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
67 more not listed; retrieve them via the Exa API.