Legal Opinion
Barry v. Rutland Railroad
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1922PublishedCited by 6 opinions
1Opinion of the Court
Van Kirk, J.:
At the end of the plaintiff’s case the defendant moved for a nonsuit and at the end of all the evidence defendant moved for a dismissal of the complaint. The court reserved the motions and submitted the case to the jury, which rendered a verdict for the plaintiff in the sum of $5,000. The court thereafter set aside the verdict and made an order dismissing the complaint on the ground that the deceased was chargeable with contributory negligence as a matter of law.
The deceased was on a trip to the milk station, riding in an open wagon, drawn by one horse, about eight-thirty in the…
2Cases cited2 opinions
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Barnasky v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1919
3Cited by6 opinions
- Miller v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1929
- Delaware & Hudson Co. v. NahasCourt of Appeals for the Third Circuit · 1926
- Kulp Transportation Lines, Inc. v. Erie RailroadNew York City Court · 1928
- Chamberlain v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Ticknor v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1924
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