Smith v. . Lehigh Valley R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 6, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Martin Carey and James McC. Mitchell for appellant.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 6, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Martin Carey and James McC. Mitchell for appellant. It was error for the court to charge the jury that they must either find that the plaintiff’s witness, Joseph W. Tuttle, told the truth that the crossing signals were not given and give full credit to his testimony, or…
1Opinion of the CourtGray, J.
The plaintiff brought this action to recover' damages for the death of his wife, which was alleged to have been caused by the negligence of the defendant. He recovered a verdict and the judgment thereupon has been affirmed by the Appellate Division, in the fourth department; with a dissent, however, by one of the justices. In the evening of February 25tli, 1900, the plaintiff, his wife and five children were visiting at the residence of Joseph Tuttle; which was situated upon a highway leading to, and crossing, the defendant’s road about a thousand feet away. The crossing went by Tnttle’s name…
2Cases cited3 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Hoffman v. . N.Y. Cent. Hud. Riv. R.R. Co.New York Court of Appeals · 1881
- People v. BrowNew York Supreme Court · 1895
3Cited by14 opinions
- People v. BuchalterNew York Court of Appeals · 1942
- Schutz v. StateWisconsin Supreme Court · 1905
- Pomerantz v. Bryan Motors, Inc.California Court of Appeal · 1949
- Smith v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Bodenheimer v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.