Tolman v. Syracuse, Binghamton & New York Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 2, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 31 Hun, 397.) This was an action to recover damages for alleged negligence, causing the death of Josiah H. Tolman, plaintiff’s intestate. The deceased was a farmer, living near Syracuse.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 2, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 31 Hun, 397.) This was an action to recover damages for alleged negligence, causing the death of Josiah H. Tolman, plaintiff’s intestate. The deceased was a farmer, living near Syracuse. The road from his home to that city crossed the tracks of defendant’s road. On December 21, 1880, while going from said city to his home the sleigh in which he was riding was…
1Opinion of the CourtFinch, J.
A careful examination of the testimony given upon the trial leads us to the conclusion that upon the issue of defendant’s negligence there was, perhaps, a question of fact for the jury. While the proof was extremely weak and its decided preponderance was against the plaintiff, it is difficult to say that there was none. It is not in the least doubtful that somewhere between the whistle post and the Jamesville crossing the bell of the engine was rung and the whistle sounded. That fact is established not merely by the evidence of the three persons on the engine who testify that they gave the…
2Cited by57 opinions
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
- Chicago & Eastern Illinois Railway Co. v. HedgesIndiana Supreme Court · 1889
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
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