Schron v. Staten Island Electric Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal Tiy the defendant, the Staten Island Electric 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 Richmond on the 31st day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal Tiy the defendant, the Staten Island Electric 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 Richmond on the 31st day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover the damages resulting from the death of the plaintiff’s intestate which occurred by reason of a collision between the wagon on which he was- riding…
1Opinion of the Court
Hatch, J. :
The son of tire deceased and the deceased were both upon the wagon when the accident happened, and had been for some time prior thereto. Both were engaged in moving goods, for which purpose the' horse and vehicle were used, and they were so occupied upon that day. They were, therefore, engaged in a joint occupation and venture, and each became liable for the negligence of the other. (McCormack v. Nassau Electric R. R. Co., ante, p. 24.) If either were negligent in a manner contributing to the injury, it would furnish a sufficient answer to plaintiff’s- right to recover. '
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2Cases cited3 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Cook v. DeanAppellate Division of the Supreme Court of the State of New York · 1896
- Meyer v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by13 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Barmore v. Vicksburg, Shreveport & Pacific Railway Co.Mississippi Supreme Court · 1904
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
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