Hunter v. Cooperstown & Susquehanna Valley Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 19, 1887, 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 Henry Hunter, plaintiffs’ intestate. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 19, 1887, 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 Henry Hunter, plaintiffs’ intestate. The material facts are stated in the opinion. The attempt of "plaintiff’s intestate to get on the train while in motion, under the circumstances proven in this case, was an act of negligence which in fact contributed to the injury he received, and for this reason…
1Opinion of the CourtPeckham, J.
Accepting the facts as testified to on the part of the plaintiffs in this action, it appears that on the 25th day of September, 1884, the plaintiffs’ decedent came to the station of the defendant, called Phcenix Mills, in the early morning for the purpose of taking a train to the neighboring village of Oneonta. There was a platform in front of the station, the southern end of which was used for freight and was two or three feet higher than the northern end, which was used more especially for passengers. The passenger portion of the platform was only about one foot above the ground, and…
2Cases cited3 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
- Phillips v. . Rensselaer and Saratoga R.R. Co.New York Court of Appeals · 1872
3Cited by9 opinions
- Northern Pacific Railroad v. EgelandSupreme Court of the United States · 1896
- Northern Pacific R. Co. v. EgelandSupreme Court of the United States · 1896
- Jackson v. . GreeneNew York Court of Appeals · 1911
- Murphy v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891
- Whitfield v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
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