Heaney v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 25, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of Patrick Heaney, plaintiff’s intestate. The material facts are stated in the opinion. It was negligence on the part of the deceased to attempt to cross the steam railroad track in the manner testified to.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 25, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of Patrick Heaney, plaintiff’s intestate. The material facts are stated in the opinion. It was negligence on the part of the deceased to attempt to cross the steam railroad track in the manner testified to. (Young v. N. Y., L. E. & W. R. R. Co., 107 N. Y. 500; Weber v. N. Y. C. & H. R. R. R. Co., 58 id. 451; Adolph v. R. R. Co.,…
1Opinion of the CourtGray, J.
At the close of the plaintiff’s case the defendant’s counsel moved for a dismissal of the complaint, on the ground that the plaintiff had failed to show- negligence on the part of the defendant, and that the evidence proved that the deceased had by his negligence contributed to the accident. This motion was denied by the court and at the close of the whole cáse the motion for a nonsuit Avas denied. On appeal the judgment entered for the plaintiff on the verdict of the jury and the order denying a netv trial Avere affirmed.
We are unable to discover from the evidence that the plaintiff either…
2Cases cited1 opinion
- Grippen v. New York Central RailroadNew York Court of Appeals · 1869
3Cited by56 opinions
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Korrady v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
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