Wieland v. President of Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1899, reversing a judgment in favdr of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. This action arose out of the alleged negligent killing of the plaintiff’s intestate at what is known as Roclcerfeller’s crossing, three miles in a southwesterly direction from the city of Albany.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 17, 1899, reversing a judgment in favdr of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. This action arose out of the alleged negligent killing of the plaintiff’s intestate at what is known as Roclcerfeller’s crossing, three miles in a southwesterly direction from the city of Albany. It has been twice tried. The first trial resulted in a nonsuit, and the judgment entered thereon was reversed in the Appellate Division.…
1Opinion of the CourtWerner, J.
It has become a truism in the law of negligence that each case depends upon its own particular facts. This branch of the law is now well settled and the great diversity of decisions in negligence cases arises, not from differences between the courts as to what the law is, but in the effort to apply it to the facts of each given case. We have here a case governed by the most fundamental and primary principles of the law of negligence. The two questions involved are, first, was the defendant guilty of negligence; and, second, was the plaintiff’s intestate free from contributory negligence. The…
2Cases cited9 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Bond v. . SmithNew York Court of Appeals · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gahagan v. Boston & Maine RailroadSupreme Court of New Hampshire · 1900
- Lamb v. Union Railway Co.New York Court of Appeals · 1909
- Harrison v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1909
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Parsons v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1912
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