Smith v. . Lehigh Valley 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 July 13, 1903, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial.' This action was brought to recover damages for the death of plaintiff’s intestate alleged to have been caused by the negligence of defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 13, 1903, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial.' This action was brought to recover damages for the death of plaintiff’s intestate alleged to have been caused by the negligence of defendant. The facts, so far as material, are stated in the opinion. It was error to permit the plaintiff to prove on cross-examination of defendant’s witnesses that the bell on the engine…
1Opinion of the Court
Parker, Oh. J.
We are agreed that the trial court was right in determining that the questions (1) of defendant’s negligence and (2) of freedom from contributory negligence, on the part of plaintiff’s intestate, were for the jury. But we are divided in our view as to how we should answer the question, Was it error to permit plaintiff to prove, on cross-examination of defendant’s witness, that the bell on the engine was ringing prior to the accident, at points several miles distant from the crossing where the accident occurred, and then permit him to prove in rebuttal of that which he had so…
2Cases cited1 opinion
- Lipp v. . Otis Brothers Co.New York Court of Appeals · 1900
3Cited by17 opinions
- People v. StevensNew York Court of Appeals · 1990
- Nolte v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Allen v. StokesAppellate Division of the Supreme Court of the State of New York · 1940
- The SaranacDistrict Court, W.D. New York · 1904
- Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
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