Noseworthy v. City of New York
New York Court of Appeals
I. Plaintiff was entitled to requested charge “ that in a death case such as this, the plaintiff is not held to the high degree of proof required in a case where the injured person may take the stand and give his version of the happening of the accident.” (Frate v. State of New 7orle, 245 App. Div. 442; McBride v. Brady, 234 App. Div. 882.) It Plaintiff was entitled to have the trial court charge that the defendant’s motorman was an interested witness. (Fox v. Manhattan Ry.
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I. Plaintiff was entitled to requested charge “ that in a death case such as this, the plaintiff is not held to the high degree of proof required in a case where the injured person may take the stand and give his version of the happening of the accident.” (Frate v. State of New 7orle, 245 App. Div. 442; McBride v. Brady, 234 App. Div. 882.) It Plaintiff was entitled to have the trial court charge that the defendant’s motorman was an interested witness. (Fox v. Manhattan Ry. Co., 67 App. Div. 460; Matter of Kindberg, 207 N. Y. 220; Wohlfahrt v. Bechert, 92 N. Y. 480; Gaffney v. New York Cons.…
1Opinion of the Court
J.
Ernest Noseworthy, plaintiff’s intestate, having somehow gotten down from the platform, in one of defendant’s subway stations, to the tracks a few feet below, was struck by a subway train. A few hours later, he died from his injuries. There was no testimony as to how he got onto the tracks or as to whether he was conscious or unconscious when struck. His body, when found, was lying between the rails with one leg on the rail farther away from the platform. Defendant’s motorman was the only eyewitness. He testified that he saw nothing in the way of the train until the body became visible on…
2Cases cited13 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Eastland v. . ClarkeNew York Court of Appeals · 1901
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
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3Cited by438 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- People v. RiveraNew York Court of Appeals · 1976
- Sawyer v. Dreis & Krump Manufacturing Co.New York Court of Appeals · 1986
- Iannelli v. PowersAppellate Division of the Supreme Court of the State of New York · 1986
433 more not listed; retrieve them via the Exa API.