Martin v. Third Avenue Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Third Avenue 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 New York on the-22d day of April, 1897, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 28th day of April, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Third Avenue 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 New York on the-22d day of April, 1897, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 28th day of April, 1897, denying the defendant’s motion for a new trial made upon the minutes. This is an action to recover damages for the death of the plaintiff’s intestate, alleged to have been caused by the negligence of the defendant. On the morning of January 20,1896, at…
1Opinion of the Court
O’Brien, J.:
The principles of law relating to negligence have been frequently formulated and are well settled, but our difficulty arises in their *54application to the facts of a given case. In Hart v. Hudson River Bridge Co. (84 N. Y. 62), which in effect reversed the rule laid down in the same case in 80 New York, 622, the court say: “ The question presented by the charge is, whether the burden was upon the plaintiff to establish that there was no contributory negligence. In Hale v. Smith (78 N. Y. 483) it is held that, in cases where contributory negligence may be claimed, - it is incumbent…
2Cases cited7 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Hale v. . SmithNew York Court of Appeals · 1879
- Hart v. . the Hudson River Bridge CompanyNew York Court of Appeals · 1881
- People v. Woman's Christian Ass'n of Jamestown, Inc.New York Court of Appeals · 1978
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3Cited by4 opinions
- Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
- Barney v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Jackson v. Union Ry. Co. of New York CityAppellate Division of the Supreme Court of the State of New York · 1902
- Baker v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904