Phillips v. . Rensselaer and Saratoga R.R. Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the third judicial department, setting aside a nonsuit and granting a new trial. (Reported helow, 57 Barb., 642.) The facts appear sufficiently in the opinion. Plaintiff was nonsuited, and exceptions were ordered to be heard at first instance at'General Term.
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Appeal from an order of the General Term of the Supreme Court in the third judicial department, setting aside a nonsuit and granting a new trial. (Reported helow, 57 Barb., 642.) The facts appear sufficiently in the opinion. Plaintiff was nonsuited, and exceptions were ordered to be heard at first instance at'General Term. Plaintiff’s attempt to get on the train while in motion was an act of negligence, which, in fact, contributed to the injury; and he, for this reason, was not entitled to recover. (Lovett v. Salem and R. R. Co., 9 Allen, 557; Owens v. H. R. R. Co., 3 Bosworth, 374;…
1Opinion of the CourtGrover, J.
The question arising upon the exception to the nonsuit, ordered by the judge upon trial, is whether the jury would have been warranted in finding from the evidence that the injury received by the plaintiff resulted from the negligence of the defendant or its servants, and that he was free from any negligence contributing thereto. The inquiry as to the plaintiff is whether it was negligence in him to attempt to get upon the train while in motion under the circumstances which the evidence showed, as no question can be made but that such attempt contributed to the injury. The plaintiff testified…
2Cited by26 opinions
- Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
- Eppendorf v. . B.C. and N.R.R. Co.New York Court of Appeals · 1877
- Baltimore Traction Co. v. MarylandCourt of Appeals of Maryland · 1894
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