Getman v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 31, 1899, affirming a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for the death of plaintiff’s intestate,, 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 fourth judicial department, entered January 31, 1899, affirming a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for the death of plaintiff’s intestate,, alleged to have' been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinion. Plaintiffs’ intestate was guilty of carelessness and negligence which caused the accident. This was shown by all the evidence, and there was no…
1DissentMartin, J.
As this court can review questions of law only, I cannot concur in the prevailing opinion. The conclusion that the plaintiffs’ intestate was guilty of contributory negligence, as a matter of law, is not sustained by the decisions of this court. The question of contributory negligence is generally a question of fact to be determined by a jury, and is not within the province of the court. It is only where it clearly appears from all the circumstances, or is proved by nncontroverted evidence, that the party injured has, by his own acts or neglect, contributed to the injury, that the court can…
2Cases cited28 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
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