Brooks v. . Schwerin
New York Court of Appeals
Appeal from the judgmeút of the General Term of the Supreme Court in the first judicial district, affirming a ■judgment in favor of the plaintiff, entered upon a verdict.
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Appeal from the judgmeút of the General Term of the Supreme Court in the first judicial district, affirming a ■judgment in favor of the plaintiff, entered upon a verdict. This action was brought to recover damages for a personal injury done to the plaintiff, a married woman, by being knocked down and run over by defendant’s horse and wagon, through his alleged careless driving, in one of the streets of the city of Hew York, on the 13th day of April, 1865. The facts appear sufficiently in the opinion of Earl, C. The burden of proof was upon plaintiff to establish that the injury was caused…
1Opinion of the Court
Earl, C.
The defendant claims that the complaint ought to have been dismissed on the motion of his counsel, because the undisputed proof showed no negligence on his part, and contributory negligence on the part of the plaintiff.
There was evidence tending to show that the plaintiff was returning home from her labor on the evening of April 13, 1865, between half-past seven and nine o’clock, passing along Thirty-second street, going west, and when she reached the south-east corner of Thirty-second street and Broadway, she saw a street railway car coming up Broadway. The car was two or three…
2Cases cited2 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Barker v. . SavageNew York Court of Appeals · 1871
3Cited by42 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Coleman v. . BurrNew York Court of Appeals · 1883
- Baker v. . CloseNew York Court of Appeals · 1912
- Blaechinska v. Howard Mission & Home for Little WanderersNew York Court of Appeals · 1892
- Stringer v. FrostIndiana Supreme Court · 1889
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