Reynolds 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, affirming a judgment in favor of plaintiff entered upon a verdict; (Reported below, 2 N. Y. S. C. R. [T. & C.], 644.) This action was brought to recover damages for the alleged negligent killing of plaintiff’s intestate, Austin Reynolds.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict; (Reported below, 2 N. Y. S. C. R. [T. & C.], 644.) This action was brought to recover damages for the alleged negligent killing of plaintiff’s intestate, Austin Reynolds. It appeared by the evidence that the deceased, at the time of his death, lived with his father near the city of Schenectady, and about a quarter of a mile south of defendant’s road. He was a bright, intelligent, and industrious boy, a little over twelve years of…
1Opinion of the CourtAndrews, J.
We think this judgment must be reversed, on the ground that there was no evidence in the case upon which the jury was authorized to find the absence of negligence on the part of the plaintiff’s intestate which contributed to his death. The absence of negligence, on the part of the person injured, must be found by the jury, in order to justify a recovery against a defendant who is sued for damages for a personal injury, caused by negligence. It belongs to the definition of the cause of action, that the injury must have been occasioned solely by the negligence of the defendant, and either by…
2Cases cited1 opinion
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
3Cited by79 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
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