Dimon v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1902, 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 summing up was not, confined to the evidence, but was an inflammatory appeal to the passions based on no evidence.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 23, 1902, 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 summing up was not, confined to the evidence, but was an inflammatory appeal to the passions based on no evidence. (Williams v. B. E. R. R. Co., 126 N. Y. 96; People v. Muller, 167 N. Y. 247; People v. Fielding, 158 N. Y. 542; Keiley v. G. L. Ins. Co., 57 N. Y. 638;…
1Opinion of the CourtBartlett, J.
This action was brought by the administratrix of the estate of Henry G. Dimon, deceased, to recover damages for the alleged negligent killing of the intestate in the Park avenue tunnel collision on the 8th day of January, 1902.
At the opening of the trial the defendant, The Hew York Central & Hudson River Railroad Company, stipulated that the intestate was a passenger on the train, and died from injuries received in a collision, and that the company was solely responsible in damages, and that intestate was guilty of no 'carelessness contributing thereto.
The plaintiff proved the business…
2Cases cited3 opinions
- Crumpton v. United StatesSupreme Court of the United States · 1891
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Link v. . SheldonNew York Court of Appeals · 1892
3Cited by4 opinions
- Carroll v. Roman Catholic Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 1966
- Binder v. MillerAppellate Division of the Supreme Court of the State of New York · 2007
- Hoffman v. New York Railways Co.City of New York Municipal Court · 1914
- Layton Sales & Rentals, Inc. v. Somat Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1972