Gillespie v. . City of Newburgh
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial district, reversing a judgment in favor of plaintiff, entered on a verdict and ordering a new trial. . This was an action to recover damages for injuries alleged to have been occasioned by defendant’s negligence. The facts appear sufficiently in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial district, reversing a judgment in favor of plaintiff, entered on a verdict and ordering a new trial. . This was an action to recover damages for injuries alleged to have been occasioned by defendant’s negligence. The facts appear sufficiently in the opinion. At the close of the evidence, defendant’s counsel moved for a nonsuit upon the ground, among others, that the evidence disclosed negligence on the part of plaintiff. The court denied the motion and defendant excepted. Defendant’s counsel asked the court to…
1Opinion of the Court
Johnson, C.
This case presents the question of contributory negligence in a somewhat novel aspect. The plaintiff, in seeking to avoid danger from a railroad train, has received injury from another cause, and the General Term of the Supreme Court has held him guilty of exercising insufficient care to guard himself from this injury. Driving along one s of the streets of Newburgh, which is. crossed by a railroad track, the plaintiff came in sight of an approaching locomotive. He stopped his horse till'he could determine whether the engine would cross the street or back off upon a switch. His…
2Cases cited4 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Davis v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- Gonzales v. . New York and Harlem R.R. Co.New York Court of Appeals · 1868
3Cited by6 opinions
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Koontz v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1904
- Mahnke v. New Orleans City & Lake RailroadSupreme Court of Louisiana · 1900
- Wiel v. WrightNew York Supreme Court · 1890
- Hubbell ex rel. Hubbell v. City of YonkersNew York Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.