Conway v. . Naylor
New York Court of Appeals
Appeal from a judgment, entered December 22, 1915, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Defendants failed to prove that plaintiff was guilty of contributory negligence as matter of law.
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Appeal from a judgment, entered December 22, 1915, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Defendants failed to prove that plaintiff was guilty of contributory negligence as matter of law. This was purely a question of fact to be decided by the jury, and the judgment should not have been reversed, nor the complaint dismissed, on this ground.…
1Opinion of the CourtCrane, J.
This is a master and servant case brought under the Employers’ Liability Act. There have been two trials. The first recovery by the plaintiff was reversed and a new trial granted because of his contributory neglect. This second judgment for the plaintiff has been reversed upon the same ground, except that the complaint has been dismissed as the evidence, in the opinion of the Appellate Division, established the plaintiff’s contributory negligence as matter of law.
We are of the opinion that the evidence was sufficient to present, upon this point, a question for the jury, and that it could…
2Cases cited10 opinions
- Palmer v. . DearingNew York Court of Appeals · 1883
- Sharp v. . Erie R.R. Co.New York Court of Appeals · 1906
- Cannon v. . FargoNew York Court of Appeals · 1918
- Kettle v. . TurlNew York Court of Appeals · 1900
- Maloney v. . Cunard Steamship Co.New York Court of Appeals · 1916
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3Cited by10 opinions
- Crawford v. Woodrich Construction Co. Inc.Supreme Court of Minnesota · 1953
- Nicholson v. . Greeley Square Hotel Co.New York Court of Appeals · 1919
- Bacher v. BacherAppellate Division of the Supreme Court of the State of New York · 1943
- Kucinski v. City Laundry & Cleaning WorksMichigan Supreme Court · 1928
- Gille v. StateNew York Court of Claims · 1949
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