Mitchell v. . Rochester Railway Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fifth judicial department, entered April 17,1894, which affirmed an order made on the minutes of the trial judge setting aside a nonsuit and granting a new trial. This action was brought to recover damages for a personal injury alleged to have been caused by the defendant’s negligence. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court in the fifth judicial department, entered April 17,1894, which affirmed an order made on the minutes of the trial judge setting aside a nonsuit and granting a new trial. This action was brought to recover damages for a personal injury alleged to have been caused by the defendant’s negligence. The facts, so far as material, are stated in the opinion. To make out a cause of action it must be established, not only that a defendant was guilty of a negligent act, but that the injury was produced, by a cause which might naturally and…
1Opinion of the CourtMartin, J.
The facts in this case are few and may be briefly stated. On the first day of April, 1891, the plaintiff -was standing upon a crosswalk on Main street in the city of Rochester, awaiting an opportunity to board one of the defendant’s cars which had- stopped upon the street at that place. While standing there, and just as she was about to step upon the car, a horse car of the defendant came down the street. As the team attached to the car drew near, it turned to the right and came so close to the plaintiff that she stood between the horses’ heads when they were stopped.
She testified that from…
2Cases cited4 opinions
- Wyman v. LeavittSupreme Judicial Court of Maine · 1880
- Johnson v. Wells, Fargo & Co.Nevada Supreme Court · 1870
- Joch v. DankwardtIllinois Supreme Court · 1877
- Renner v. CanfieldSupreme Court of Minnesota · 1886
3Cited by200 opinions
- Howell v. New York Post Co.New York Court of Appeals · 1993
- Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
- Knierim v. IzzoIllinois Supreme Court · 1961
- Niederman v. BrodskySupreme Court of Pennsylvania · 1970
- Battalla v. StateNew York Court of Appeals · 1961
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