Moody v. . Osgood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered on a verdict, and affirming an order denying motion for a new trial. (Reported below, 60 Barb., 644.) This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered on a verdict, and affirming an order denying motion for a new trial. (Reported below, 60 Barb., 644.) This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant. On the 6th of January, 1865, the plaintiff, for the purpose of reaching her home in One Hundred and Twenty-fourth street, between the Sixth and Seventh avenues, in the city of Hew York, entered one of the cars of the Eighth…
1Opinion of the Court
Reynolds, C.
The case made at the trial was not one which the judge was at liberty to withhold from the consideration of the jury, and the motion to dismiss the complaint was properly denied. That the defendant was driving his team in a public thoroughfare at a very reckless and dangerous rate of speed cannot be denied, and no attempt is made to justify or excuse it, and none, in fact, could properly have been made. The motion to dismiss the complaint was therefore grounded upon the allegation that the negligence of the plaintiff contributed to the injury. In such a case the rule is quite well…
2Cited by14 opinions
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- Parliman v. YoungSupreme Court Of The Territory Of Dakota · 1879
- Rettig v. Fifth Avenue Transportation Co.The Superior Court of the City of New York and Buffalo · 1893
- Hine v. . BoweNew York Court of Appeals · 1889
- Lewis v. HojerNew York Court of Common Pleas · 1891
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