McGovern v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for the alleged negligent killing of William McGovern, plaintiff’s intestate. The facts sufficiently appear in the opinion. The motion for a nonsuit should have been granted.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for the alleged negligent killing of William McGovern, plaintiff’s intestate. The facts sufficiently appear in the opinion. The motion for a nonsuit should have been granted. (Culhane v. N. Y. C. amd H. R. R. R. Co., 60 N. Y., 133-137; Reynolds v. N. Y. C. and H. R. R. R. Co., 58 id., 248; Warner v. N. Y. C. and H. R. R. R. Co., 44…
1Opinion of the CourtAjvdrews, J.
The defendant, on the trial, contested the right of the plaintiff to recover in both aspects of the case, *419on the question of negligence. It was claimed that no negligence on the part of the defendant had been shown, and also that there was contributory negligence on the part of the deceased, or at least that it did not affirmatively appear that he was free from fault. A motion for a nonsuit was made on each of these grounds, which was denied. The refusal to non-suit was proper, unless upon the evidence given it could be adjudged as matter of law that there was a defect in the plaintiff’s…
2Cases cited3 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Ford v. MonroeNew York Supreme Court · 1838
- Drew v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1862
3Cited by14 opinions
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- Shally v. N O. Public Service & Sewerage & Water BoardLouisiana Court of Appeal · 1925
- Baker ex rel. Baker v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1888
- Bunting v. Central Pacific RailroadNevada Supreme Court · 1879
- Long ex rel. Long v. Ottumwa Railway & Light Co.Supreme Court of Iowa · 1913
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