Barrett v. . the Third Avenue R.R. Co.
New York Court of Appeals
Appeal from the judgment of the General Term of the Superior Court of the city of ¡New York, reversing an order at Special Term setting aside a verdict in favor of the plaintiff for $2,000 and granting a new trial.
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Appeal from the judgment of the General Term of the Superior Court of the city of ¡New York, reversing an order at Special Term setting aside a verdict in favor of the plaintiff for $2,000 and granting a new trial. Action by the plaintiff to recover for injuries sustained by her while riding as a passenger in a car of the defendants, resulting from a collision with a freight car of the Harlem Railroad Company, at a point where the defendant’s road and that of the Harlem Railroad Company intersect and cross each other at an acute angle, in the city of Hew York. The car of the defendant was…
1Opinion of the CourtAllen, J.
There was no question of contributory negligence on the part of the plaintiff; she was injured without fault on her part, and the question upon the merits was, whether the collision causing the injury was exclusively the result of the negligent or careless acts of the agents and servants of the defend ant having the control and management of the car in which the. plaintiff was a passenger, or of such negligence in connection with negligence on the part of those in charge of and controlling the movements of the colliding car on the Harlem road. If the acts of the defendant’s servants…
2Cases cited4 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Webster v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Smith v. Indianapolis, Peru & Chicago Railway Co.Indiana Superior Court · 1871
- Knickerbacker v. ColverNew York Supreme Court · 1828
3Cited by215 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- United States v. BeebeSupreme Court of the United States · 1901
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- In Re Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1991
- Pittsburgh, Cincinnati & St. Louis Railroad v. SpencerIndiana Supreme Court · 1884
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