Seyford v. . Southern Pacific Co.
New York Court of Appeals
Appeal from a judgment, entered January 31, 1914, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The facts, so far so material, are stated in the opinion.
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Appeal from a judgment, entered January 31, 1914, upon an order of the Appellate Division of the Supreme Court in the second judicial department reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The facts, so far so material, are stated in the opinion. Plaintiff was not guilty of contributory negligence. (Eastland v. Clarke, 165 N. Y. 420; Boyle v. Degnon, 47 App. Div. 311; Tully v. N. Y. & T.…
1Opinion of the CourtPound, J.
At common law the rule has been repeatedly stated that the question of contributory negligence is ordinarily one of fact to be left to the jury, unless the inferences to be drawn from the proof point irresistibly to the conclusion that plaintiff did not act with ordinary care and prudence under the circumstances. (Eastland v. Clarke, 165 N. Y. 420.)
This action is brought under the provisions of the Labor Law (Cons. Laws, ch. 31; L. 1910, ch. 352), section 202-a of which reads as follows: “On the trial of any action brought by an employee or his personal representative to recover damages for…
2Cases cited9 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Bassett v. . FishNew York Court of Appeals · 1878
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Chisholm v. . StateNew York Court of Appeals · 1894
- Newson v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chamberlain v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1924
- Elzey v. Boston Metals Co.Court of Appeals of Maryland · 1948
- Brinkerhoff v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1935
- Donohue v. East River Mill & Lumber Co.New York Court of Appeals · 1918
- Gille v. StateNew York Court of Claims · 1949
5 more not listed; retrieve them via the Exa API.