Wagner v. International Railway Co.
New York Court of Appeals
Appeal from a judgment, entered March 9, 1920, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment in favor of defendant upon the verdict.
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Appeal from a judgment, entered March 9, 1920, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment in favor of defendant upon the verdict. The .court erred in holding as a matter of law that the first accident which resulted in the fall of Herbert Wagner was not the proximate cause of the plaintiff’s accident, and in refusing to submit to the jury the question of the defendant’s negligence in…
1Opinion of the CourtCardozo, J.
The action is for personal injuries.
The defendant operates an electric railway between Buffalo and Niagara Falls. There is a point on its line' where an overhead crossing carries its tracks above those of the New York Central and the Erie. A gradual incline upwards over a trestle raises the tracks to a height of twenty-five feet. A turn is then made to the left at an angle of from sixty-four to eighty-four degrees. After making this turn, the line passes over a bridge, which is about one hundred and fifty-eight feet long from one abutment to the other. Then comes a turn to the right at about…
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- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Claim of Waters v. William J. Taylor Co.New York Court of Appeals · 1916
- Gibney v. . StateNew York Court of Appeals · 1893
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3Cited by302 opinions
- Lauer v. City of New YorkNew York Court of Appeals · 2000
- Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Meistrich v. Casino Arena Attractions, Inc.Supreme Court of New Jersey · 1959
- Berko v. FredaSupreme Court of New Jersey · 1983
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