Purdy v. Rome, Watertown & Ogdensburgh Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April'30, 1889, which affirmed a judgment in favor of 2)laintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages for. injuries received by plaintiff through the alleged negligence of defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April'30, 1889, which affirmed a judgment in favor of 2)laintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action to recover damages for. injuries received by plaintiff through the alleged negligence of defendant. At the time the injuries were received plaintiff was in defendant’s employ and was engaged in the performance of his duties. Defendant claimed among other things, that plaintiff had executed a release of the…
1Opinion of the CourtPeckham, J.
After a careful consideration of all the evidence in this case, we are brought to the conclusion that there was sufficient to go to the jury upon the two questions of the negligence, of the defendant and the freedom of the plaintiff from any contributory negligence.
There is one other point made by the defendant which arises upon the so-called release put in evidence by it, and in which the plaintiff agrees and covenants that the company shall in no case be liable for any damage to the person or property of the plaintiff by reason of its own negligence or that of its agents or servants.
The…
2Cited by16 opinions
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- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MahoneyIndiana Supreme Court · 1897
- Galveston, Harrisburg & San Antonio Railway Co. v. PigottCourt of Appeals of Texas · 1909
- Simpson v. New York Rubber Co.New York Supreme Court · 1894
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