Harris v. . Uebelhoer
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of Buffalo, reversing a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the alleged negligence of defendant, causing the death of Elizabeth C. Shelton, plaintiffs’ intestate.
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Appeal from order of the General Term of the Superior Court of Buffalo, reversing a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for the alleged negligence of defendant, causing the death of Elizabeth C. Shelton, plaintiffs’ intestate. The evidence on the part of plaintiffs shows, that, on the evening of July 8, 1874, between nine and ten o’clock, the deceased and her husband, Joshua Shelton, with a boy, nine years old, started to cross the Buffalo river in a small boat called a scow, which was sculled by Shelton, with one oar. The…
1Opinion of the CourtFolger, J.
The questions in this case are two : First, whether there was sufficient evidence of negligence, on the part of the defendant, to submit the case to the jury, upon that issue; and Second. Whether the evidence of the contributory negligence of the plaintiff’s intestate was so palpable and conclusive, as that it was a matter of law that she was negligent.
As to the first; it is testified that the plaintiff’s intestate had in the scow a lantern, with a light burning within it; that the night was not dark ; that an object on the water, the size of the scow, could be seen 100 feet away ; that the…
2Cases cited1 opinion
- Davenport v. . RuckmanNew York Court of Appeals · 1868
3Cited by19 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Mochen v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Horton v. Niagara Falls Memorial CenterAppellate Division of the Supreme Court of the State of New York · 1976
- Corcoran v. . City of New YorkNew York Court of Appeals · 1907
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