Darienza v. . New York City Railway Company
New York Court of Appeals
Appeal from ai judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 14, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been caused by defendant’s negligence.
1DissentHiscock, J.
I dissent from the decision about to be made.
As plaintiff’s intestate was crossing on foot one of defendant’s tracks in Canal street in the city of New York he ivas struck by one of its cars and killed. When this action, brought to recover damages for his death, came on for trial the same was dismissed at the close of the plaintiffs case upon the ground that the intestate as a matter of law was guilty of contributory negligence and this disposition has been affirmed by the learned Appellate Division by a divided vote.
I think that the judgment was erroneous; that the trial justice encroached…
2Cases cited2 opinions
- Lawson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Legare v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901