Wendell 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 third judicial department, entered upon an order made January 27, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
1Opinion of the Court
Huger, Ch. J.
This action was brought to recover damages for the alleged negligent killing of Henry P. Wendell, the plaintiffs’ intestate, by the defendant.
At the close of the plaintiffs’ case the defendant moved to nonsuit upon the ground that the carelessness of the deceased contributed to the injury which occasioned his death. At the close of the whole evidence this motion was renewed upon the additional ground that there was no proof of negligence on the part of the defendant which contributed to the injury. These motions were denied and the defendant duly excepted.
This case is singularly…
2Cases cited4 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Barker v. . SavageNew York Court of Appeals · 1871
- Honegsberger v. Second Avenue RailroadNew York Court of Appeals · 1864
3Cited by18 opinions
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Stringer v. FrostIndiana Supreme Court · 1889
- Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
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