Fox v. . Village of Manchester
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 3, 1905, affirming a judgment in favor of plaintiff-entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 3, 1905, affirming a judgment in favor of plaintiff-entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error not to have granted the defendants’ motion for a nonsuit at the close of the plaintiff’s case or directed a verdict in favor of the defendants after all the testimony was in, on the ground that the plaintiff had failed to prove facts sufficient to constitute…
1Opinion of the Court
Cullen, Ch. J.
The action was brought to recover damages for the alleged negligence of the defendants by which was caused the death of the plaintiff’s intestate under the following circumstances: The principal street of Manchester, a village with about seven hundred inhabitants, runs north and south. The line of wires of the light and traction company entered the village at the intersection of the right of way of the Lehigh Valley railroad and was carried north along the street in front of a cemetery as far as a church, for which it furnished light. There had been also along the main street…
2Cases cited8 opinions
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Twist v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1899
- Twist v. . City of RochesterNew York Court of Appeals · 1900
- Shaw v. Town of PotsdamAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by16 opinions
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- Deal v. Houston CountySupreme Court of Alabama · 1918
- Thornton v. Union Electric Light & Power Co.Missouri Court of Appeals · 1934
- Aga v. HarbachSupreme Court of Iowa · 1908
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