True v. Niagara Gorge Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Niagara Gorge Railroad Company, from a judgment of the- Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 4th day of May, 1901, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the l'Tth day of April, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Hiscock, J. (dissenting):
I am unable to agree with the conclusion reached by a majority of my associates, that the question of plaintiff’s conduct, of his assumption of risks incident to the construction of defendant’s road, and of his freedom from contributory negligence was for the jury. I think, upon the other hand, that upon the evidence presented he, as matter.of law,- assumed the risks which resulted in his. injury and that it was not permissible for the jury to find otherwise.
Defendant’s road was only about seven miles in length. The close proximity of its tracks, which is complained…
2Cases cited8 opinions
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
- Wallace v. . C.V.R.R. Co.New York Court of Appeals · 1893
- Benthin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Brown v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Young v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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