Lamb v. Union Railway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 11, 1908, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 11, 1908, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint was properly dismissed, because there was no evidence of freedom from contributory negligence. (4 Wigmore on Ev. § 2510; Will on Cir. Ev. § 280 ; Gilman v. Deerfield, 81 Mass. 577;…
1Opinion of the CourtChase, J.
The plaintiff’s intestate was run over and killed by one of the defendant’s trolley cars on October 20, 1906. This action is brought to recover damages therefor, and the plaintiff alleges that the intestate’s death was caused solely by the defendant’s negligence. The testimony presented by the plaintiff upon the question of defendant’s negligence was sufficient to require that that question be submitted to the jury for their determination. The testimony was not, however, sufficient to present a question of fact as to the injury being willful or to justify a recovery against the defendant…
2Cases cited6 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Wieland v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. . RazeziczNew York Court of Appeals · 1912
- In re the Estate of CallahanNew York Surrogate's Court · 1931
- Sparkill Realty Corp. v. State of New YorkNew York Court of Appeals · 1935
- Warner v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Grawunder v. Beth Israel Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1934
16 more not listed; retrieve them via the Exa API.