Seibert v. Erie Railway
New York Supreme Court
APPEAL from a judgment entered, upon the verdict of a ■ jury, and from an order denying a motion for a new trial. The action was brought to recover damages for a personal injury sustained by the plaintiff, as claimed, by being run against .and knocked down by the defendants’ locomotive, through the negligence of the defendants’ servants, while the plaintiff was crossing the railroad track, in the city of Buffalo.
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APPEAL from a judgment entered, upon the verdict of a ■ jury, and from an order denying a motion for a new trial. The action was brought to recover damages for a personal injury sustained by the plaintiff, as claimed, by being run against .and knocked down by the defendants’ locomotive, through the negligence of the defendants’ servants, while the plaintiff was crossing the railroad track, in the city of Buffalo. The defendants set up, in their answer, as a defense, that the carelessness'and negligence of the plaintiff contributed to, and caused, the accident. .The jury found a verdict in…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
None of the exceptions taken to the rulings or charge of the court, I think, are well taken. When the plaintiff rested, there was, I think, some evidence given by the plaintiff tending to make out a case for the jury, and the judge would hardly have been warranted in directing a nonsuit, though the evidence was weak and slight. At the close of the case, the motion for a non-suit was renewed, and if it had been then- granted, such ruling would not have been improper, and might have been sustained. But there is such contrariety of opinion among the judges, in…
2Cited by12 opinions
- United States v. Lee HuenDistrict Court, N.D. New York · 1902
- Tracy v. TracySupreme Court of New Jersey · 1901
- Klanowski v. Grand Trunk Railway Co.Michigan Supreme Court · 1885
- Hodge v. City of BuffaloSuperior Court of Buffalo · 1874
- Culhane v. New York Central & Hudson River RailroadNew York Supreme Court · 1876
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