Heffron v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 12, 1916,' affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The questions of the defendant’s negligence and plaintiff’s contributory negligence should have been submitted to the jury.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 12, 1916,' affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The questions of the defendant’s negligence and plaintiff’s contributory negligence should have been submitted to the jury. (Fogarty v. Bogart, 43 App. Div. 430; 59 App. Div. 114; Lamore v. Crown Point Iron Co., 101 N. Y. 391; Carson v. Dessau, 142 N. Y. 445;…
1Opinion of the CourtChase, J.
The plaintiff tripped over a wire hung from posts in that part of the grounds surrounding the Canastota depot which is devoted to a grass and flower plot, and sustained personal injuries. This action is brought to recover damages for such injuries.
There have been two trials of the action. The plaintiff recovered a verdict at the first trial but the judgment entered thereon was reversed by the Appellate Division and a new trial granted “As against the weight of evidence both as to the defendant’s negligence and the plaintiff’s freedom from contributory negligence.” (Heffron v. N. Y. C. & H. R.…
2Cases cited3 opinions
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- Carpenter v. . Boston and Albany R.R. Co.New York Court of Appeals · 1884
3Cited by3 opinions
- Bonsignore v. StateNew York Court of Claims · 1959
- Loucas v. Glen Oaks Village, Inc.Appellate Division of the Supreme Court of the State of New York · 1961
- Siedman v. StateNew York Court of Claims · 1965