Johnston v. . Fargo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of. the Supreme Court in the fourth judicial department, entered December 13, 1904, affirming a judgment of the Onondaga County Court which affirmed a judgment of the Municipal Court of the city of Syracuse in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of. the Supreme Court in the fourth judicial department, entered December 13, 1904, affirming a judgment of the Onondaga County Court which affirmed a judgment of the Municipal Court of the city of Syracuse in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract signed by plaintiff releasing the defendant from negligence is a valid one, and the trial court erred in saying to the jury that said .contract was…
1Opinion of the CourtGray, J.
The plaintiff, while in the employment of the American Express Company, .the defendant, sustained personal injuries, for which he has recovered this judgment in the Municipal Court of the city of Syracuse; which has been affirmed by the County Court of Onondaga county and by the Appellate Division of the Supreme Court, in the fourth department. The latter court was divided in opinion and has permitted the defendant to further appeal to this court, upon the ground that there was a question of law in the case, which ought to he reviewed by us. The injuries were occasioned by the plaintiff’s…
2Cases cited13 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
- Dowd v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1902
- Blanton v. DolbSupreme Court of Missouri · 1891
- Johnson's Adm'x v. Richmond & Danville R. R.Supreme Court of Virginia · 1890
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- Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932
- Schlobohm v. Spa Petite, Inc.Supreme Court of Minnesota · 1982
- Martin v. George Hyman Construction Co.District of Columbia Court of Appeals · 1978
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