Harty v. . Central R.R. Co. of New Jersey
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the second judicial district, reversing judgment entered upon a verdict for the plaintiff, and granting a new trial. This action was commenced to recover damages for negligently causing the death of plaintiff’s husband. The following are the material facts: The defendant is a New Jersey corporation.
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Appeal from a judgment of the General Term of the Supreme Court, in the second judicial district, reversing judgment entered upon a verdict for the plaintiff, and granting a new trial. This action was commenced to recover damages for negligently causing the death of plaintiff’s husband. The following are the material facts: The defendant is a New Jersey corporation. There was a law in that State providing that, whenever the death of a person shall be caused by the wrongful act, neglect or default of any person or corporation, the personal representatives of the' deceased shall have an action…
1Opinion of the Court
Earl, Ch. J.
I shall assume that the intestate was law-folly upon the railroad at the time of the accident. There was sufficient evidence to authorize a jury to find an implied license, to all the persons working at the slaughter-house, to go upon the railroad, between the highway crossing and the slaughter-house. But, I think, the plaintiff should have been defeated at the circuit, both because he failed to show any negligence on the part of the defendant, and because the negligence of the intestate contributed to the accident. The only negligence alleged against the defendant was, that its…
2Cases cited6 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1868
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Chicago & Rock Island Railroad v. StillIllinois Supreme Court · 1858
- Beisiegel v. . New York Central RailroadNew York Court of Appeals · 1866
- Gonzales v. . New York and Harlem R.R. Co.New York Court of Appeals · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Gibson v. LeonardIllinois Supreme Court · 1892
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Barker v. . SavageNew York Court of Appeals · 1871
42 more not listed; retrieve them via the Exa API.