Carr v. . Pennsylvania R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 7, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. On the evidence the questions of defendant’s negligence and plaintiff’s freedom from contributory negligence were for the jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 7, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. On the evidence the questions of defendant’s negligence and plaintiff’s freedom from contributory negligence were for the jury. (Newson v. N. Y. C. R. R. Co., 29 N. Y. 385; Feeney v. Long Island R. Co., 116 N. Y. 375; Ernst v. H. R. R. R. Co., 35 N. Y. 9; Stevermann v.…
1Opinion of the CourtPound, J.
This is an action to recover damages for personal injuries sustained by plaintiff while driving over a railroad grade crossing. He was struck by a northbound express train, running at a high rate of speed, quietly and without sounding bell, whistle or other signal. He was nonsuited at the close of his case on the ground that he was guilty of contributory negligence. “ The question of contributory negligence in cases of this character is ordinarily one of fact for the jury.” (Massoth v. Prest., etc., D. & H. Canal Co., 64 N. Y. 524, 529.) Are the most favorable inferences that can be drawn…
2Cases cited2 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Avery v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1912
3Cited by28 opinions
- Schrader v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1930
- Chamberlain v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1924
- Horton v. . N.Y.C.R.R. Co.New York Court of Appeals · 1923
- Flynn v. Long Island R.R. Co.New York Court of Appeals · 1942
- Willie C. Hooks v. New York Central Railroad CompanyCourt of Appeals for the Second Circuit · 1964
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