Henson v. . Lehigh Valley R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 13, 1907, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 13, 1907, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial. The action was brought to recover damages sustained by the death of tiie plaintiff’s intestate alleged to have been caused by the negligence of the defendant in the maintenance and operation of its road and cars. Although quite unsatisfactory at some points we shall assume that…
1Opinion of the CourtHiscook, J.
A decision in this case is not free from difficulties whichever way it goes.
The Appellate Division in reversing the judgment of non-suit held that the plaintiff had failed to establish her allegations of negligence with one exception. We think that this decision was clearly right in so far as it held that no sufficient connection had been shown between the accident and various alleged defects in defendant’s track and car. It would not only be speculation, but speculation in the face of opposing evidence to hold that the space between two of the rails or the alleged defects in the ties or…
2Cases cited6 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Loudoun v. . Eighth Ave. R.R. Co.New York Court of Appeals · 1900
- Starer v. SternAppellate Division of the Supreme Court of the State of New York · 1905
- Moran v. MulliganAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Marceau v. Rutland Railroad Co.New York Court of Appeals · 1914
- Beltz v. . Buffalo, R. P. Ry. Co.New York Court of Appeals · 1918
- Ferrick v. . EidlitzNew York Court of Appeals · 1909
- Kimball v. O'Dell & Eddy Co.Appellate Division of the Supreme Court of the State of New York · 1910
6 more not listed; retrieve them via the Exa API.