McDonald v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. The trial court erred in charging the jury that if they believed the evidence of plaintiff and his witness he was entitled to a verdict. (Greenwood v. Schumaker, 4 Week.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion. The trial court erred in charging the jury that if they believed the evidence of plaintiff and his witness he was entitled to a verdict. (Greenwood v. Schumaker, 4 Week. Dig. 397; 82 N. Y. 614; Union Bk. v. Mott, 39 Barb. 180, 185 ; Clarke v. Dutcher, 9 Cow. 674; Worrall v. Parmelee, 1 N. Y. 519; Dolan…
1Opinion of the CourtBradley, J.
The action was founded upon the charge of negligence of the defendant, by which the plaintiff sustained personal injuries. In the evening of April 27, 1885, the plaintiff took passage on a train upon the defendant’s railroad, at Flatbush, to ride to a station at Rockaway avenue, and in alighting at the latter place, he received the injury complained of. The evidence on the part of the plaintiff was in conflict with that introduced by the defendant in respect to the facts essential to support the charge of negligence of the defendant, and to relieve the plaintiff from the imputation of…
2Cited by18 opinions
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Chicago, R. I. & P. Ry. Co. v. PitchfordSupreme Court of Oklahoma · 1914
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Falls v. San Francisco & North Pacific RailroadCalifornia Supreme Court · 1893
- Florida East Coast Railway Co. v. CarterSupreme Court of Florida · 1914
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