Woodard 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 fifth judicial department, entered upon an order made the first Tuesday of January, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for alleged negligence, causing the death of Philo P. Woodard, plaintiffs intestate. The material facts are stated in the prevailing opinion.
1Opinion of the CourtFinch, J.
It is impossible to read the charge with which the learned trial judge submitted this case to the jury without a strong conviction that his judgment hesitated upon the verge of a nonsuit, which we think he should have granted. He may have believed that, with the clear demonstration which he gave of the plaintiff’s failure to show directly or by reasonable inference that the conduct of deceased was free from negligence contributing to the injury, the jury would render an.appropriate verdict upon the. question submitted as one of fact. The result, however, was, as commonly happens, in favor of…
2Cases cited1 opinion
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
3Cited by27 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Chicago & Eastern Illinois Railway Co. v. HedgesIndiana Supreme Court · 1889
- Cadwallader v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1891
- Oldenburg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
- Vance v. Railway Co.West Virginia Supreme Court · 1903
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