Lax v. Forty Second & Grand St. Ferry Railroad
The Superior Court of New York City
Appeal from judgment, dismissing complaint at the trial term. The action was under the statute, for compensation, for the pecuniary injury to the next of kin of the intestate, from the death of the intestate, caused as alleged by the negligence of defendant’s servants. At the trial, the complaint was dismissed on the ground, that, by the preponderance, of testimony, it appeared that negligence of the deceased contributed to the cause of the injury.
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
The facts, which it was held constituted contributory negligence on the part of deceased, were, that at the time of the *452occurrence, he was standing on the front platform of a horse car of defendant, and attempted to leave it while it was in such motion that it was against common prudence to make the attempt. The learned counsel for the respondents argued that section 46 of the “ Act to authorize the formation of railroad corporations, and to regulate the same,” passed April 3,1850 (3 Edm. Stat. 636), which provides, that “in case any passenger on any railroad…
2Cases cited2 opinions
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
- Maher v. . C.P., N. and E.R.R.R. Co.New York Court of Appeals · 1876
3Cited by2 opinions
- Kwiatkowski v. John Lowry, Inc.New York Court of Appeals · 1937
- Walker v. BrantnerSupreme Court of Kansas · 1898