O'Reilly v. Brooklyn Heights R.
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Kings County. Action by Mary A. O’Reilly, as administratrix of Peter F. O’Reilly, deceased, against the Brooklyn Heights Railroad Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtJenks, J.
There is no evidence which directly establishes, or tends to establish, or permits the inference that the plaintiff stopped or looked or listened before he walked across the rails. of the defendant. The learned counsel for the respondent is frank to admit that there is no “affirmative evidence” that the intestate did any of these things, but he insists that due care on the part of the intestate may be established by inferences. It is not enough that the facts proven permit an inference, but it is held that the inference sought must be the only one which can fairly and reasonably be drawn from…
2Cases cited9 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Barker v. . SavageNew York Court of Appeals · 1871
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
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3Cited by3 opinions
- Perrone v. Pennsylvania R.Court of Appeals for the Second Circuit · 1943
- Enstrom v. NeumoegenAppellate Terms of the Supreme Court of New York · 1911
- Huff v. American Fire Engine Co.Appellate Division of the Supreme Court of the State of New York · 1903