Judson v. . Central Vermont R.R. Co.
New York Court of Appeals
Appeal from an order of the late General Term of the Supreme Court in the third judicial department, entered December 10, 1895, reversing a judgment in favor of plaintiff entered upon a verdict, and an orden denying the defendant’s motion for a new trial, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The negligence of the defendant was properly submitted to, and decided by, the jury.
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Appeal from an order of the late General Term of the Supreme Court in the third judicial department, entered December 10, 1895, reversing a judgment in favor of plaintiff entered upon a verdict, and an orden denying the defendant’s motion for a new trial, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The negligence of the defendant was properly submitted to, and decided by, the jury. (Kellogg v. N. Y. C. & H. R. R. R. Co., 79 N. Y. 72; Byrne v. N. Y. C. & H. R. R. R. Co., 104 N. Y. 363; Barry v. N. Y. C. & H. R. R. R. Co., 92…
1Opinion of the CourtMartin, J.
Before reaching the merits of this appeal we are confronted with the question whether the record before us is sufficient to authorize this court to examine and determine the questions of law* involved in the decision of the General Term.
At the close of the plaintiff’s evidence the defendant-moved for a nonsuit upon the grounds that the plaintiff had failed to show his freedom from contributory negligence and had not established the negligence of the defendant. This motion was denied and the defendant excepted. When the testimony was closed the defendant renewed its motion upon substantially…
2Cases cited18 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- H. & T. C. R'y Co. v. WilsonTexas Supreme Court · 1883
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
13 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Bank of China, Japan & the Straits, Ltd. v. MorseNew York Court of Appeals · 1901
40 more not listed; retrieve them via the Exa API.