Spooner v. Brooklyn City Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of defendant, entered upon an order non-suiting plaintiff at circuit. This action was brought to recover damages for injuries received by plaintiff while a passenger upon defendant’s! stage.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of defendant, entered upon an order non-suiting plaintiff at circuit. This action was brought to recover damages for injuries received by plaintiff while a passenger upon defendant’s! stage. Plaintiff was a passenger upon a stage sleigh in temporary use by the defendants, in consequence of a heavy snow which blocked its track, so that cars could not run. He was riding upon a fender or guard upon the left-hand side of the sleigh, standing thereon and supporting himself…
1Opinion of the Court
Johnson, C.
A nonsuit was moved for and granted in this case, on the grounds that the plaintiff’s negligence contributed to the injury he sustained, and that no negligence on the part of the defendant was shown. The law is indisputable that if either of the grounds of the motion existed in the case, the decision was correct. In my opinion neither of' the grounds of the motion appeared upon the proofs, and certainly not with that plainness which' authorizes the withdrawal of the questions from the consideration of the jury. I agree entirely with the doctrine stated in the respondent’s points…
2Cited by11 opinions
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- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Lake Shore & Michigan Southern Railroad v. BrownIllinois Supreme Court · 1887
- Cattano v. Metropolitan Street Railway Co.New York Court of Appeals · 1903
- Eskildsen v. City of SeattleWashington Supreme Court · 1902
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