Avery v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff was grossly negligent in releasing his brake, and so' relinquishing control,of his bicycle, when he was still on a steep descent, about eighteen feet from the foot of the grade, and was guilty of contributory negligence as matter of law. (Coleman v. N. Y. C. R. R. Co., 98 App. Div. 349; Havens v. Erie…
1Opinion of the CourtGray, J.
The plaintiff, while riding his bicycle over the tracks of the defendant, in the city of Oneida, was struck by a handcar and received injuries, for which this action was brought. He recovered a verdict and the judgment thereon has been affirmed by the Appellate Division, but not by unanimous vote. Upon this • appeal by the defendant, we assume that there was evidence, upon which the jury might have found the defendant negligent, and we disregard certain assignments of errors in rulings by the trial court, as without substance. The question to be discussed upon the evidence is whether the…
2Cases cited2 opinions
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Scaggs v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1895
3Cited by21 opinions
- Elias v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1919
- Carr v. . Pennsylvania R.R. Co.New York Court of Appeals · 1918
- Askey v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1917
- Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
- Wadsworth v. Delaware, Lackawanna & Western River RailroadNew York Court of Appeals · 1947
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