Johnson v. Hudson River Railroad
The Superior Court of New York City
Appeal, by plaintiff, from a judgment dismissing tbe complaint. The action was brought for the recovery of damages resulting to the widow and children of Peter A. Johnson, deceased, the plaintiff’s testator, from his death, and the complaint averred that his death was occasioned solely by the injuries and wounds he had received from being run over, on a public highway, by a car belonging to defendants, and that this accident was owing entirely to the negligence of the…
Read the full summary
Appeal, by plaintiff, from a judgment dismissing tbe complaint. The action was brought for the recovery of damages resulting to the widow and children of Peter A. Johnson, deceased, the plaintiff’s testator, from his death, and the complaint averred that his death was occasioned solely by the injuries and wounds he had received from being run over, on a public highway, by a car belonging to defendants, and that this accident was owing entirely to the negligence of the servants of the defendants, in the management and running of the ¿ar. The answer denied such negligence, and averred that the…
1Opinion of the CourtBy the Court. Duer, J.
We are all of opinion that the evidence, on the part of the plaintiff, was quite sufficient to take the cause to the jury. If not contradicted, it was sufficient to prove that the fatal accident, which has given rise to this action, was, in reality, caused by the culpable negligence of the servants of the defendants, and whether the evidence was also sufficient to warrant the inference that there was a want of ordinary care on the part of the deceased, which contributed to the accident, was a question which it belonged, not to the court, but to the jury alone to determine. Nor did our…
2Cited by13 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
- Gay v. WinterCalifornia Supreme Court · 1867
- Hoyt v. City of HudsonWisconsin Supreme Court · 1876
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. BennettIndiana Court of Appeals · 1893
- Johnson v. Hudson River RailroadThe Superior Court of New York City · 1857
8 more not listed; retrieve them via the Exa API.