Jencks v. Lehigh Val. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Rensselaer county. Action by Mary F. Jencks, administratrix, etc., of Leroy Jencks, deceased, against the Lehigh Valley Railroad Company. From a judgment for plaintiff, defendant appeals. ■ Reversed.
1Per curiam
To authorize a recovery, the plaintiff was compelled to show, by direct proof or circumstances, the absence of negligence on the part of the deceased. No presumption arises from the happening of the injury, and the proof of the defendant’s negligence, that the deceased was free from blame. Weston v. City of Troy, 139 N. Y. 281, 34 N. E. 780. “Where the circumstances point as much to the negligence of the deceased as to its absence, or point in neither direction, a nonsuit should be granted.” Wiwirowski v. Railway Co., 124 N. Y. 420-425, 26 N. E. 1023; Cordell v. Railroad Co., 75 N. Y. 330.
We…
2Cases cited5 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Cullen v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
- Stopp v. Fitchburg RailroadNew York Supreme Court · 1894
3Cited by2 opinions
- Woodworth v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Johnson v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898