Stewart v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by 'Clara L. Stewart, an infant, by her guardian ad litem, against the Long Island Railroad Company. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtJehks, J.
This action arises from the accident that was thoroughly discussed in Lewis’ Case, 162 N. Y. 52, 56 N. E. 548, and in Henn’s Case, 51 App. Div. 292, 65 N. Y. Supp. 21. There is no need of further discussion of the facts, which are substantially common to the three cases. We held that the verdict in Henn’s Case was not against the weight of evidence, and so made a precedent that settles that question presented on this appeal. I proceed to examine the exceptions:
1. The learned trial justice did not err in his refusal to charge:
“No negligence can be imputed to the defendant, on the evidence in…
2Cases cited11 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Scally v. W. T. Garratt & Co.California Court of Appeal · 1909
- Union Pacific Railroad v. ConnollyNebraska Supreme Court · 1906