Hoyt v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The complaint alleged, among other things, that on the 11th day of October, 1883, while the plaintiff was traveling in a careful and prudent manner with his team, wagon and a load of straw thereon, along one of the…
1Opinion of the CourtPotter, J.
The trial of the action under the pleadings involved the negligence of both the plaintiff and defendant, and the evidence upon the trial had mainly relation to those issues. The only errors assigned by the appellant that I deem it necessary to examine in disposing of this appeal, relate to the rejection of some evidence offered by the defendant, upon the subject of plaintiff’s contributory negligence and the charge in respect to the standard of judgment required in this class of cases. Evidence was given upon the trial of the case tending to show the height and width of the load of straw and…
2Cases cited2 opinions
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- Hill v. Portland & Rochester RailroadSupreme Judicial Court of Maine · 1867
3Cited by4 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Alcott v. Public Service Corp.Supreme Court of New Jersey · 1909
- Eisenbraun v. City of New YorkNew York Supreme Court · 1955