Hart v. . the Hudson River Bridge Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order made December 4, 1880, overruling plaintiffs exceptions and directing judgment upon a verdict. This action was brought to recover damages for the death of Jane Ilart, plaintiffs intestate, alleged to have been caused by the defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon an order made December 4, 1880, overruling plaintiffs exceptions and directing judgment upon a verdict. This action was brought to recover damages for the death of Jane Ilart, plaintiffs intestate, alleged to have been caused by the defendant’s negligence. The claim of the plaintiff was that the deceased, in crossing upon the defendant’s bridge over the Hudson river at Albany, fell from the footway through the open draw and was drowned. When last seen alive she…
1Opinion of the CourtMiller, J.
Several errors are alleged to have been committed upon the trial of this action, in the rulings of the judge in regard to the admission and exclusion of evidence, which demand consideration. Miller, a boy in defendant’s employ, as a witness for it, testified in reference to the fact, that whistles were blown on the night of the accident for the gates and to turn the signals. Upon his cross-examination the question was put: “ You have been sent out to tell Borst to put it (the gate) down; ” and he answered: “I have been sent to pull it down.” He was then asked : “Did you tell Borst, on one…
2Cases cited5 opinions
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Hale v. . SmithNew York Court of Appeals · 1879
- Powell v. . PowellNew York Court of Appeals · 1877
- People v. Woman's Christian Ass'n of Jamestown, Inc.New York Court of Appeals · 1978
- Palmer v. HaightNew York Supreme Court · 1848
3Cited by24 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Newton v. StateSupreme Court of Florida · 1884
- Lewis v. SeifertSupreme Court of Pennsylvania · 1887
- Loughlin v. . BrassilNew York Court of Appeals · 1907
- Core v. Ohio River R'dWest Virginia Supreme Court · 1893
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