Vail v. . Railroad Company
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order- made Rovember 27, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying defendant’s motion for a new trial. This action was brought to recover damages for personal injuries sustained by the plaintiff in consequence of the alleged negligence of the defendant company in the operation of one of its street cars drawn by horses.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order- made Rovember 27, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying defendant’s motion for a new trial. This action was brought to recover damages for personal injuries sustained by the plaintiff in consequence of the alleged negligence of the defendant company in the operation of one of its street cars drawn by horses. The articles of association of the defendant company stated that the organization was under the act of April 2, 1850…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a verdict against the defendant for his damages sustained in consequence of a serious personal injury while riding in one of the defendant’s cars as a qiassenger on the 20tli of October, 1892. It is conceded that there was evidence of the defendant’s negligence in the case sufficient to require its submission to the jury. It is quite clear also that upon the question of the plaintiff’s negligence contributing to the injury, so far as that question depends upon general principles, and not upon special statutes, the case was one for the jury. The plaintiff was, at the…
2Cases cited2 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Butler v. . G.F., S.H. F.E.S.R.R. Co.New York Court of Appeals · 1890
3Cited by15 opinions
- Trudell v. New York Rapid Transit Corp.New York Court of Appeals · 1939
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Watson v. Portland & Cape Elizabeth Railway Co.Supreme Judicial Court of Maine · 1898
- Wood v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Metropolitan Life Insurance v. DurkinNew York Supreme Court · 1949
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