Simkoff v. . Lehigh Valley R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 18, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. ' The trial judge was in error in refusing to charge the jury that the burden of proving that the plaintiff was unable to properly care for himself at the time of the accident was upon the plaintiff. (McGreel v. B. O. Co., 153 N. Y. 265; Whitlatch v. F. & C. Co., 149 N.…
1Opinion of the CourtGray, J.
The plaintiff has recovered a verdict in damages for personal injuries, which, he alleged, were occasioned through the negligence of the defendant, and the judgment has been affirmed by the Appellate Division. The plaintiff was, at the time of his accident, an infant of over seven years of age. While crossing the tracks of the defendant, in the city of Buffalo, he was run down by a locomotive engine and received the injuries of which he complains. According to the evidence, on either side, the engine approached the street crossing at a rate of speed not to exceed three to four miles an hour.…
2Cases cited3 opinions
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Costello v. . Third Avenue Railroad Co.New York Court of Appeals · 1900
- McGrell v. Buffalo Office Building Co.New York Court of Appeals · 1897
3Cited by10 opinions
- Camardo v. New York State RailwaysNew York Court of Appeals · 1928
- Touris v. Fairmont Creamery Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Woods v. United StatesDistrict Court, E.D. New York · 1961
- Batchelor v. Degnon Realty & Terminal Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Force v. Standard Silk Co.U.S. Circuit Court for the District of Northern New York · 1908
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