Powell v. . the New York Central and Hudson River Rd. Co.
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 November 10,1885, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on the trial. This action was brought to recover damages for injuries resulting from a collision at a railroad crossing, alleged to have been caused by defendant’s negligence.
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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 November 10,1885, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on the trial. This action was brought to recover damages for injuries resulting from a collision at a railroad crossing, alleged to have been caused by defendant’s negligence. The following is the mem. of opinion: “ The plaintiff was bound to establish his own freedom from negligence contributing to the accident causing the injury of which he complains. In this…
1Per curiam
opinion for affirmance.
All concur, except Danfobth, J., who dissents and reads, for reversal, and Aedeews, J., concurring.
Judgment affirmed.
2Cited by4 opinions
- Crandall v. Lehigh Valley RailroadNew York Supreme Court · 1893
- Evans v. ZimmerNew York Supreme Court · 1961
- Redmond v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1890
- Salmon v. New York Cent. & H. R. RailroadNew York Supreme Court · 1889