Piper v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of tlie late General Term of the Supreme Court in the second judicial department, entered August 3, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a • new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff, on his‘own showing, was clearly guilty of contributory negligence.
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Appeal from a judgment of tlie late General Term of the Supreme Court in the second judicial department, entered August 3, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a • new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff, on his‘own showing, was clearly guilty of contributory negligence. (Adams v. R. R. Co., L. R. [4 C. P.] 739; Hickey v. R. R. Co., 14 Allen, 429; Lafflin v. B. & S. W. R. R. Co., 106 N. Y. 136, 142; Beach on Contrib, Neg. 248; Heaney v. L. I. R. R. Co.,…
1Opinion of the CourtGray, J.
The plaintiff has sought to recover damages of the defendant for personal injuries, received by him while a passenger upon one of its trains ; which were attributable, as he alleges, to neglect in management. He was a passenger upon the train from Albany to Bew York city in the night of January 13, 1892. He had purchased a ticket entitling him to a berth in a sleeping car and took possession of it early in the evening, several hours before the car was attached to the train. The car was of the “ vestibule ” pattern; that being a construction, with respect to the platform, which permitted of a…
2Cited by34 opinions
- Brugher v. . BuchtenkirchNew York Court of Appeals · 1901
- Rohrbacher v. . GilligNew York Court of Appeals · 1911
- Gasch v. RoundsWashington Supreme Court · 1916
- Baker v. ButterworthSupreme Court of Virginia · 1916
- Mearns v. Central Railroad of New JerseyNew York Court of Appeals · 1900
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