Griffith v. Utica & Mohawk Railroad
New York Supreme Court
Appeal from circuit court, Oneida county. Action by Jennie C. Griffith against the Utica & Mohawk Railroad Company for personal injuries. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial on the minutes, defendant appeals.
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Appeal from circuit court, Oneida county. Action by Jennie C. Griffith against the Utica & Mohawk Railroad Company for personal injuries. From a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial on the minutes, defendant appeals. Plaintiff was a passenger in the defendant’s street-car on the 23d of August, 1888, having entered the same at the driving park in East Utica, being in the locality now known as the site for the Masonic Home, with a view of being carried along its road, which passed under the West Shore Railway Bridge. She was: standing…
1Opinion of the CourtHardin, P. J.
When the plaintiff rested, the defendant moved for a non-suit on the grounds “(1) that no negligence on the part of the defendant, which in any way contributed to the accident, has been shown; (2) that the plaintiff has failed to show that she was free from contributory negligence which tended to produce the accident; (3) that, upon the evidence, it appears that she was guilty of contributory negligence; (4) that she is a married woman, having a husband; and the right of action or cause of action, if any, is his, and not hers.” The motion was denied, and the defendant took an exception. At…
2Cases cited5 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Bowen v. . New York Central Railroad Company.New York Court of Appeals · 1858
- Stevens v. . BrennanNew York Court of Appeals · 1879
- Ganiard v. Rochester City & Brighton RailroadNew York Supreme Court · 1888
- Ryan v. Porter Manufacturing Co.New York Supreme Court · 1890
3Cited by5 opinions
- Adams v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Maher v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Stevenson v. Second Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Adams v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Scott v. Metropolitan Elevated Railway Co.The Superior Court of New York City · 1893