Doll v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lottie Doll, as administratrix, etc., of Joseph Doll, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of September, 1899, upon a dismissal of the complaint.by direction of the court after a trial beforg the court and a jury, and also- from an order entered in said clerk’s ■office on the 20th day' of September, 1899, denying the plaintiff’s motion for a…
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Appeal by the plaintiff, Lottie Doll, as administratrix, etc., of Joseph Doll, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of September, 1899, upon a dismissal of the complaint.by direction of the court after a trial beforg the court and a jury, and also- from an order entered in said clerk’s ■office on the 20th day' of September, 1899, denying the plaintiff’s motion for a new trial made upon the minutes. Scott street is one of the public streets in the city of Buffalo, and upon the surface…
1Opinion of the Court
Adams, P. J.:
The learned counsel have attempted to fortify their respective contentions in this case by a liberal citation of authorities which tend, as it is claimed, to establish the law applicable to actions of negligence arising out of circumstances similar to those which we have detailed ; but it does not require a very close or critical examination of these authorities to make it perfectly evident that, aside from certain well-settled' general principles, it is practically impossible in eases of this character to lay down any rule of unvarying and universal application.
It may be said,…
2Cases cited3 opinions
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Heath v. Glens Falls, S. H. & Ft. E. St. Railway Co.New York Supreme Court · 1895
- Smith v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Barnett v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1929
- Sheldon v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911