Perez v. . Sandrowitz
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 21,1904, 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. The complaint should have been dismissed on the ground that the plaintiff failed to show that the deceased was free from contributory negligence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 21,1904, 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. The complaint should have been dismissed on the ground that the plaintiff failed to show that the deceased was free from contributory negligence. (McDonald v. M. S. Ry. Co., 80 App. Div. 233; Dolfini v. E. R. R. Co., 178 N. Y. 1; Kappus v. M. S. Ry. Co., 82 App. Div.…
1Opinion of the CourtGray, J.
The plaintiff recovered damages against the defendant for causing the death of his intestate, who was his son, upon allegations to the effect that it was occasioned through the negligence of an employé. The judgment of the trial court in liis favor was affirmed by the Appellate Division ; but, as it does not appear from the order, or judgment, that the affirmance was unanimous, we must assume that it was not. Therefore, upon this appeal, we are at liberty to review the evidence and to determine whether it was sufficient to warrant the submission of the case to the jury. The defendant had…
2Cases cited1 opinion
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
3Cited by14 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Peterson v. . Ballantine SonsNew York Court of Appeals · 1912
- Pecora v. MariqueAppellate Division of the Supreme Court of the State of New York · 1948
- Porter v. New York City Interborough Railway Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Axelrod v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
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