Whittaker v. . D. H.C. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made November 25, 1890, which reversed a judgment entered upon a decision of the court on trial at Circuit, dismissing the complaint, and reversed an order denying a motion for a new trial and granted a new trial. This action was brought to recover damages for the killing of Eugene K. Whittaker, plaintiffs intestate, through the alleged negligence of defendant.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made November 25, 1890, which reversed a judgment entered upon a decision of the court on trial at Circuit, dismissing the complaint, and reversed an order denying a motion for a new trial and granted a new trial. This action was brought to recover damages for the killing of Eugene K. Whittaker, plaintiffs intestate, through the alleged negligence of defendant. The facts, so far as material, are stated in the opinion. There was no proof of negligence in the absence of a head-light on the locomotive.…
1Opinion of the Court
Huger, Oh. J.
The appeal in this case was taken by the defendant, 'upon the usual stipulation, from an order of the General Term reversing a judgment dismissing the complaint and directing a new trial. The complaint was dismissed by the trial court upon the alleged ground that the evidence failed to show negligence on the defendant’s part, and also that the plaintiff did not show that his intestate was free from contributory negligence. Upon appeal to the General Term, they held that there was evidence sufficient to support a verdict for the plaintiff on both grounds, and that the dismissal of…
2Cases cited4 opinions
- Cook County National Bank v. United StatesSupreme Court of the United States · 1883
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Chapman v. . Erie Railway Co.New York Court of Appeals · 1874
- Hilts v. Chicago & Grand Trunk Ry.Michigan Supreme Court · 1885
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- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Pennsylvania Co. v. McCaffreyIndiana Supreme Court · 1894
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
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