Delaware, L. & W. R. v. Madden
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Northern District of New York. Action by Robert H. Madden against the Delaware, Lackawanna & Western Railroad Company. .Judgment for plaintiff (234 Eed. 731), and defendant brings error. On writ of error to review a judgment entered upon the verdict of a jury in favor of plaintiff in the sum of $15,064. The action was tried at Utica in the Northern district of New York in February, 1916, before Judge George W. Ray.
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In Error to the District Court of the United States for the Northern District of New York. Action by Robert H. Madden against the Delaware, Lackawanna & Western Railroad Company. .Judgment for plaintiff (234 Eed. 731), and defendant brings error. On writ of error to review a judgment entered upon the verdict of a jury in favor of plaintiff in the sum of $15,064. The action was tried at Utica in the Northern district of New York in February, 1916, before Judge George W. Ray. A motion to set aside the verdict was denied. The parties will be referred to hereafter as they appeared in the District…
1Opinion of the Court
COXE, Circuit Judge.
There is substantially no dispute as to the facts. No controversy arises as to the amount of the verdict. Contributory negligence is not asserted. The only question is whether the defendant is liable for the condition of the sidewalk which caused the injury. A brief statement of the facts is necessary.
The plaintiff is a resident of Ithaca, New York. On September 21, 1914, he came from Ithaca to Cortland and about 11 o’clock that night he was walking westerly along the south side of Elm street east of the Delaware, Dackawanna & Western Railroad. As he passed the flagman’s…
2Cases cited4 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Willy v. . MulledyNew York Court of Appeals · 1879
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Brookville Borough v. ArthursSupreme Court of Pennsylvania · 1893
3Cited by6 opinions
- Schaefer v. LenahanCalifornia Court of Appeal · 1944
- Sawicki v. Connecticut Railway & Lighting Co.Supreme Court of Connecticut · 1943
- Updegraff v. City of OttumwaSupreme Court of Iowa · 1929
- Dixon v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1919
- Atkinson v. Sheriff Motor Co.Supreme Court of Iowa · 1927
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