Berzevizy v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of October, 1896, upon 'the verdict of a jury,"and also from an order entered in said clerk’s office on the'2d day of October, 1896, denying the defendant’s' motion' for a. new 'trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
We do not think that there is any evidence to justify a finding of the jury that the plaintiff’s intestate was free from contributory negligence. The plaintiff’s intestate,' a -woman forty-two or forty-three years of age, in good' health, - was killed by a train of the defendant’s road as she was attempting to cross the track, upon the evening of the 12th day of May, 1893. She. was a resident of New York, on a visit to a friend at-Néwark, N. J., and left the house of "this friend about seven o’clock in the evening to return to New York. The track of the defendant’s road running…
2Cases cited2 opinions
- Sutton v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1876
- O'Connor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
3Cited by6 opinions
- Preuschoff v. B. Stroh Brewing Co.Michigan Supreme Court · 1903
- Albrecht v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Union Bank v. MandelAppellate Division of the Supreme Court of the State of New York · 1910
- James D. Ballou and Sarah L. Ballou v. United StatesCourt of Appeals for the Sixth Circuit · 1966
- James D. Ballou and Sarah L. Ballou v. United StatesCourt of Appeals for the Sixth Circuit · 1966
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