Haight v. New York Central Railroad
New York Supreme Court
Appeal from judgment and order denying a new trial. This was an action brought by the plaintiff to recover damages for injury alleged to have been caused by the negligence of the defendant. The cause was tried at the Montgomery County Circuit, in February, 1871, where a verdict was rendered in favor of the plaintiff for $2,500. A motion was made for a new trial on the minutes, which was denied.
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Appeal from judgment and order denying a new trial. This was an action brought by the plaintiff to recover damages for injury alleged to have been caused by the negligence of the defendant. The cause was tried at the Montgomery County Circuit, in February, 1871, where a verdict was rendered in favor of the plaintiff for $2,500. A motion was made for a new trial on the minutes, which was denied. A bill of exceptions was made by the defendant and a judgment entered for the plaintiff on the verdict. The defendant appealed from the judgment and order denying a new trial. The facts are…
1Opinion of the Court
By the Court—
Miller, P. J.
The only question which I think it is important to examine in the present case arises upon the exception taken by the defendant’s counsel to the decision of the judge upon the trial denying the motion for a nonsuit. This motion was made upon the following ground, among others: That it appears by undisputed evidence that the negligence of the plaintiff contributed to cause the accident which resulted in the injuries complained of. The testimony in relation to this is not essentially conflicting, and for the purposes of the motion the plaintiff’s version of the *12facts…
2Cases cited3 opinions
- Sturgis v. BoyerSupreme Court of the United States · 1860
- Grippen v. New York Central RailroadNew York Court of Appeals · 1869
- Renwick v. . New York Central R.R. Co.New York Court of Appeals · 1867
3Cited by5 opinions
- McGee v. Consolidated Street Railway Co.Michigan Supreme Court · 1894
- Everett v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1896
- Salter v. . Utica and Black River Railroad Co.New York Court of Appeals · 1878
- Mitchell v. New York Central & Hudson River RailroadNew York Supreme Court · 1874
- Reynolds v. New York Central & Hudson River RailroadNew York Supreme Court · 1874