Lewis v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 14, 1894, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Circuit dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was not negligence per se to attempt to get off the moving train.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 14, 1894, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Circuit dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was not negligence per se to attempt to get off the moving train. (Filer v. N. Y. C. R. R. Co., 49 N. Y. 47; Morrison v. E. R. Co., 56 id. 306.) The fact that the train was moving, if at all (although this is not conceded) at the time…
1Opinion of the CourtO’Brien, J.
The plaintiff’s intestate was killed in an accident on the defendant’s railroad, near Central Bridge station, on the 18th of September, 1889. This action was brought upon the theory that the defendant is legally responsible for the injury which resulted in his death. On the trial, and at the close of the plaintiff’s case, the learned trial judge granted a motion for a non-suit, to which the plaintiff excepted.
The appeal to this court presents the question'whether, upon the proof given, the plaintiff was not entitled to have the case submitted to the jury. The trial court having disposed of…
2Cases cited6 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Keating v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1872
- Pool v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Bucher v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1885
- Weiler v. Manhattan Railway Co.New York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Mearns v. Central Railroad of New JerseyNew York Court of Appeals · 1900
- Tepper v. New York Life InsuranceNew York Supreme Court · 1915
- Mahar v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896