Bittner v. Crosstown St. Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Frank Bittner, as administrator, against the Crosstown Street-Railway Company, to recover damages for negligence of defendant causing the death of plaintiff’s intestate. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial on the minutes, defendant appeals.
1Dissent
HATCH, J. (dissenting).
The evidence in this case warranted the jury in finding that deceased was guilty of contributory negligence in being upon the track at the time he was struck, and that defendant was guilty of no negligence in coming in contact with him. The jury were instructed and were authorized to find that, notwithstanding such contributory negligence, still if deceased, when first run over, was still alive with a probability of surviving the injury, and the defendant backed its car over him, extinguishing life, a recovery could be had for the damages sustained. We have no quarrel…
2Cases cited9 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
- Shuttleworth v. . WinterNew York Court of Appeals · 1874
- Voak v. . Northern Central Railway CompanyNew York Court of Appeals · 1878
- Schimpf v. SliterNew York Supreme Court · 1892
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