Chadbourne v. Delaware, Lackawanna & Western Railroad
New York Court of Common Pleas
Appeal by defendant from a judgment of the Marine Court of the city of New York, entered on an order of the general term of that court, affirming a judgment of that court entered on the verdict of a jury.
Read the full summary
Appeal by defendant from a judgment of the Marine Court of the city of New York, entered on an order of the general term of that court, affirming a judgment of that court entered on the verdict of a jury. The complaint, after alleging the incorporation of the defendant, alleged “ That the said plaintiff’s servant was, on the first day of April, 1873, crossing the track of the railroad used by the defendants, into Ferry street, in the city of Hoboken, Hew Jersey, with a horse and lumber wagon belonging to this plaintiff, and that the said defendants backed their cars against the said wagon,…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The questions of negligence and of contributory negligence were questions in this case solely for the jury, there being a direct conflict between the witnesses for the plaintiff and the defendants, in respect to all the facts upon which the solution of the question of either negligence on the part of the defendants’ servants, or of contributory negligence on the part of plaintiff’s servant, depended. On the one side, it was in evidence that when the plaintiff’s agent, Gallagher, undertook to cross the track, the car was stationary, at a point from 15 to 20 feet…
2Cases cited6 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Tyng v. . Commercial Warehouse Co.New York Court of Appeals · 1874
- Johnson v. Hudson River RailroadThe Superior Court of New York City · 1855
- People ex rel. Waring v. Monroe C. P.New York Supreme Court · 1830
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dermody v. FlesherAppellate Terms of the Supreme Court of New York · 1898