Bittner v. Crosstown Street-Railway Co.
Superior Court of Buffalo
Appeal from a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial on the minutes.
1DissentHatch, J.
(dissenting). — The evidence in this case warranted the jury in finding that deceased was guilty' of contributory negligence in being upon the track at the time he was struck, and that *368defendant was guilty of no negligence in coming in contact with him. The jury was instructed and were authorized to find that, notwithstanding such contributory negligence, still if deceased, when first run over, was still alive with a probability of surviving the inj ury, and the defendant backed its car over him, extinquishing life, a recovery could be had for the damages sustained. We have no quarrel with…
2Cases cited8 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Brick v. BosworthMassachusetts Supreme Judicial Court · 1894
- Shuttleworth v. . WinterNew York Court of Appeals · 1874
- Voak v. . Northern Central Railway CompanyNew York Court of Appeals · 1878
- Schimpf v. SliterNew York Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.