Crowley v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Crowley, as administrator of Timothy Crowley, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of February, 1897, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Patterson, J.:
On the trial of this action, which was brought to recover damages for injuries resulting in the death of the plaintiff’s intestate, the court dismissed the complaint at the close of the plaintiff’s proofs. The particular ground upon which the dismissal was directed was, that the evidence showed that the plaintiff’s intestate was guilty of contributory ■ negligence, and that it affirmatively appeared that the occurrence which resulted in his death was the consequence of his own proven imprudence in part, if not altogether. This view of the trial justice is sustained by the…
2Cited by1 opinion
- De Jong v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901