Beecher v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from an order oi the Appellate Division of the Supreme Court in the- second judicial department, entered in December, 1898, reversing a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term, and granting a new trial. This action was brought to recover damages for the death of plaintiffs intestate, caused by the alleged negligence of defendant.
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Appeal from an order oi the Appellate Division of the Supreme Court in the- second judicial department, entered in December, 1898, reversing a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term, and granting a new trial. This action was brought to recover damages for the death of plaintiffs intestate, caused by the alleged negligence of defendant. At Jamaica the defendant’s tracks, four in number, run substantially east and west; a high fence separates the two southerly or east-bound tracks from the northerly or westbound tracks; on the northerly side of…
1Opinion of the Court
Parker, Ch. J.
The plaintiff’s testator having neither looked nor listened as the train approached which caused his death, the query is whether the court must say that his negligence contributed to the result, or the jury may say that it did not.
The jury were at liberty to find from the evidence before it that the defendant had started the train on the south track substantially every morning for many years, and that during all that period of time, upon the announcement by the doorman of “ the rapid transit for Brooklyn,” the people were accustomed to rush out of the station, over the station…
2Cases cited3 opinions
- Terry v. . JewettNew York Court of Appeals · 1879
- Oldenburg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
- Brassell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
3Cited by8 opinions
- Dieckmann v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Beecher v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Smith v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Armstrong v. Spokane & Inland Empire Railway Co.Washington Supreme Court · 1913
- Biggers v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1913
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