Legal Opinion

Sauter v. New York Central & Hudson River Railroad

New York Court of Appeals

Decided April 18, 1876PublishedCited by 12 opinions

Appeal from judgment of the General Term of the Supreme Court'in the-third, judicial’ department affirming a judgment in favor of plaintiff, entered upon a verdict. (RepQrted,below> 6" Hun, 446.) This action was brought to- recover damages for injuries alleged to have caused the death of John Sauter, plaintiff’s intestate, and to have been occasioned by the negligence of plaintiff’s employes. The facts appear sufficiently in the opinion.

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Appeal from judgment of the General Term of the Supreme Court'in the-third, judicial’ department affirming a judgment in favor of plaintiff, entered upon a verdict. (RepQrted,below> 6" Hun, 446.) This action was brought to- recover damages for injuries alleged to have caused the death of John Sauter, plaintiff’s intestate, and to have been occasioned by the negligence of plaintiff’s employes. The facts appear sufficiently in the opinion. The onus was upon plaintiff to show that the death- of the deceased was caused by defendant’s negligence. (Sheldon v. H. R. R. R. Co., 29 Barb., 226; Curran…

1Opinion of the Court

Church, Ch. J.

The circumstances proved were sufficient to authorize the jury to find that the injury was caused by the act of the defendant’s employes. The evidence tends to show that as the plaintiff’s intestate was passing out of the car to alight, a sudden jerk was given to it backward, and the plaintiff was thrown suddenly forward, his carpet-bag striking the railing, and he striking the carpet-bag. This was proved to be sufficient to cause the hernia of which he died, i- The circumstances pointed to this as the cause, and repelled the idea of any other. True, the evidence was that it…

2Cases cited2 opinions

  1. Schell v. . PlumbNew York Court of Appeals · 1874
  2. Lyons v. . Erie Railway CompanyNew York Court of Appeals · 1874

3Cited by12 opinions

  1. Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
  2. Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
  3. Calvert v. Springfield Electric Light & Power Co.Illinois Supreme Court · 1907
  4. Bernardo Balancio v. United StatesCourt of Appeals for the Second Circuit · 1959
  5. Purchase v. SeelyeMassachusetts Supreme Judicial Court · 1918

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