Baxter v. Second Avenue Railroad
The Superior Court of New York City
Appeal from a judgment, and from an order denying a motion for a new trial. The action was to recover for personal injuries sustained by the plaintiff in being run over by one of the' defendant’s cars, in January, 1864. The plaintiff was attempting to cross the Second avenue, at Thirty-first street. She said, in her testimony, that she started from the east side of the avenue, to cross upon the lower crosswalk to the opposite side.
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Appeal from a judgment, and from an order denying a motion for a new trial. The action was to recover for personal injuries sustained by the plaintiff in being run over by one of the' defendant’s cars, in January, 1864. The plaintiff was attempting to cross the Second avenue, at Thirty-first street. She said, in her testimony, that she started from the east side of the avenue, to cross upon the lower crosswalk to the opposite side. The defendant’s four-horse car was not then at the upper crossing or corner. Her foot caught in the easterly track, and in extricating it she slipped and fell upon…
1Opinion of the Court
By the court, Monell, J.
In an action to recover damages for an injury to the person, occasioned by the negligent act of another, the plaintiff must be free from any fault which may have contributed to the injury. I had occasion in writing the opinion of the court in Williams agt. O'Keefe (9 Bosw. 536), to state the result of all the cases on this subject. In one case only, do I find any attempt to define the nature or quality of negligence (Wilds agt. Hudson R. R. Co. 24 N. Y. R. 430), and in that case a distinction, which some of the cases have made, between gross negligence and common care…
2Cases cited1 opinion
- Williams v. O'KeefeThe Superior Court of New York City · 1862
3Cited by1 opinion
- Williams v. United States Mut. Acc. Ass'nNew York Supreme Court · 1894