Purcell v. Lauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frederick 0. Lauer, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the Utli day of March, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of February, 1896, denying the defendants’ motion for a new trial made upon the, minutes.
Read the full summary
Appeal by the defendants, Frederick 0. Lauer, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the Utli day of March, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of February, 1896, denying the defendants’ motion for a new trial made upon the, minutes. The action was brought to recover damages for the negligence of the-defendants in causing the death of Mary Gr. Wooster, deceased, a. resident of the city of Rochester, which occurred March 11,…
1Opinion of the Court
Ward, J.:
The question of fact upon which arises the principal contention of the defendants upon this appeal, as to whether the injury to Mrs. Wooster, which resulted from the defendants’ negligence, was the proximate cause of her death, was clearly a-question for the jury, and was fairly submitted to them by the learned trial court. The plaintiff having established the injury which might be productive of the result claimed, and shown a state of facts that would naturally produce it, if an intervening cause were established sufficient, as a matter of law, to show another cause of the death,…
2Cases cited9 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- Western & Atlantic Railroad v. BassSupreme Court of Georgia · 1898
- Sallie v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Wisconsin State AFL-CIO v. Elections BoardDistrict Court, E.D. Wisconsin · 1982
- WISCONSIN STATE AFL-CIO v. Elections Bd.District Court, E.D. Wisconsin · 1982
1 more not listed; retrieve them via the Exa API.