Kay v. Metropolitan Street Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion. The court erred in charging the jury that the burden of proof rested upon the defendant to prove its freedom from negligence. (People v. Downs, 123 N. Y. 558; Crowinshield…
1Opinion of the CourtO’Brien, J.
On the 29th of January, 1895, the plaintiff was a passenger on the defendant’s road and was injured in a collision. The questions presented by this appeal arise entirely upon exceptions taken by the defendant during the course of the trial. It appeared that a heavy snow storm had set in early in the evening of the accident and about four inches of snow had already fallen. While the car in which the plaintiff was a passenger was going down a steep incline it got beyond the control of the driver, although the brakes were set and the wheels prevented from revolving, and it slid down the hill and…
2Cases cited5 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- People v. . DownsNew York Court of Appeals · 1890
- Hoffman v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by88 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
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