Kain v. . Smith
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 20, 1881, which reversed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 25 Hun, 146.) This action was brought to recover' damages for injuries alleged to have been caused by defendant’s negligence.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made September 20, 1881, which reversed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 25 Hun, 146.) This action was brought to recover' damages for injuries alleged to have been caused by defendant’s negligence. The case is reported, upon a former appeal, in 80 N. Y. 458. Defendant was, at the time of the injury, one of the board of directors and managers of the Vermont Central railroad, and one of three of said board who were operating the…
1Opinion of the CourtDanfobth, J.
The plaintiff was nonsuited at the Circuit upon a ground not now claimed to be tenable, and the judgment was reversed and a new trial ordered by the General Term, because in their opinion the case was one proper for submission to the jury. Hpon this appeal the learned and ingenious counsel for the defendant submits the following propositions as reasons for reversing the order and restoring the judgment. First. Plaintiff’s negligence contributed to the accident. Second. There was no negligence on the part of the defendant or his subordinates, which caused the injury. The learned counsel has…
2Cases cited5 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Kain v. . SmithNew York Court of Appeals · 1880
3Cited by44 opinions
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Davidson v. . CornellNew York Court of Appeals · 1892
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Bush v. West Yellow Pine Co.Court of Appeals of Georgia · 1907
- Webber v. . PiperNew York Court of Appeals · 1888
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