Mitchell v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal by defendant from a judgment in favor of plaintiff, entered upon the verdict of a jury and ffrom an order denying a new trial. The action was brought in Rensselaer county by Ami De Witt Mitchell, administrator, etc., of Elizabeth M. Mitchell, deceased, to recover damages for the negligent killing of said Elizabeth M. Mitchell, on the 37th of October, 1870, while crossing a public highway in the village of Greenbush.
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Appeal by defendant from a judgment in favor of plaintiff, entered upon the verdict of a jury and ffrom an order denying a new trial. The action was brought in Rensselaer county by Ami De Witt Mitchell, administrator, etc., of Elizabeth M. Mitchell, deceased, to recover damages for the negligent killing of said Elizabeth M. Mitchell, on the 37th of October, 1870, while crossing a public highway in the village of Greenbush. The deceased, who was the wife of the plaintiff, and aged about twenty years, was walking from the south toward the north on the eastern sidewalk of Broadway, in the…
1Opinion of the CourtBockes, J.
There was undoubtedly evidence given on the trial bearing on the question of defendant’s negligence sufficient to make the case a proper one for the jury on that branch of it; but it seems quite clear that the negligence, not to say gross carelessness, of the plaintiff’s intestate contributed to the injury for which the recovery was had. Let it be conceded that the line of standing cars entirely cut off and prevented the view from the sidewalk for over two hundred feet southerly from the crossing, and it then stands undisputed that, on passing the end, of the line of those cars, the deceased…
2Cases cited3 opinions
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Davis v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- Haight v. New York Central RailroadNew York Supreme Court · 1872