Seeley v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at a Trial Term thereof held in and for the county of Monroe, and entered in the office of the clerk of the county of Monroe on the 10th day of January, 1896, denying the defendant’s motion for a new trial made upon the minutes after a trial before the court and a jury.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at a Trial Term thereof held in and for the county of Monroe, and entered in the office of the clerk of the county of Monroe on the 10th day of January, 1896, denying the defendant’s motion for a new trial made upon the minutes after a trial before the court and a jury. This action was brought by the plaintiff to recover damages sustained in consequence of the death of his intestate and daughter, Nellie Seeléy, who was struck and almost instantly killed by a locomotive…
1Opinion of the Court
Adams, J.:
That there was sufficient evidence of the defendant’s negligence in its management of the train which caused the death of the plaintiff’s intestate to raise a question of fact for the jury is not seriously controverted ; but it is, nevertheless, insisted that the plaintiff should fail in his action for the reason that he omitted to show that his intestate was free from contributory negligence; and, certainly, the case, upon this branch of it, is by no means free from embarrassment.
In view of the undisputed fact that a person standing in Saxton street at any point south of the…
2Cases cited3 opinions
- Coppins v. N. Y. C. & H. R. R. R.New York Court of Appeals · 1890
- Miller v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
- Stever v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by11 opinions
- Turell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Branch v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Lewin v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Curtis v. Hudson Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Burns v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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