Callaghan v. Delaware, Lackawanna & Western Railroad
New York Supreme Court
Appear, from a judgment in favor of the defendants, entered in the office of the clerk of Onondaga county on the 16th day of March, 1888, upon an order made at the Onondaga Circuit non-suiting the plaintiff and dismissing his complaint, with costs. The action was brought to recover damages for the death of plaintiff’s intestate, his wife, alleged to have been caused by the negligence of the defendants.
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Appear, from a judgment in favor of the defendants, entered in the office of the clerk of Onondaga county on the 16th day of March, 1888, upon an order made at the Onondaga Circuit non-suiting the plaintiff and dismissing his complaint, with costs. The action was brought to recover damages for the death of plaintiff’s intestate, his wife, alleged to have been caused by the negligence of the defendants. The trial court disposed of the case upon the ground that there was no evidence for the jury as to the absence of contributory negligence. The accident occurred in the city of Syracuse, at the…
1Opinion of the Court
Williams, J.:
The features of this case that attract our attention, and specially require our consideration upon this appeal, are the gates and gate-tenders that were present at the accident, their acts and movements.
If these elements were absent from the case, we might very readily concur with the trial court in its disposition of it, because, although there are some features aside from these, bearing upon the. question of contributory negligence, favorable to the plaintiff, such as two trains following each other so closely, the smoke from the engine attached to the first train settling down…
2Cases cited2 opinions
- Woodard v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Sherry v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1887