Baxter v. . the Troy and Boston Railroad Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court of the third judicial district, affirming a judgment for the plaintiff upon a verdict rendered at the November Bensselaer circuit, 186Í. There was a motion for nonsuit, both when plaintiff rested, and at the close of the evidence. The action was to recover damages for an injury sustained at a highway crossing, in the northern part of the village of Lansingburgh. Plaintiff charged negligence upon the defendant.
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Appeal from a judgment of the General Term of the Supreme Court of the third judicial district, affirming a judgment for the plaintiff upon a verdict rendered at the November Bensselaer circuit, 186Í. There was a motion for nonsuit, both when plaintiff rested, and at the close of the evidence. The action was to recover damages for an injury sustained at a highway crossing, in the northern part of the village of Lansingburgh. Plaintiff charged negligence upon the defendant. It was denied, defendant alleging that plaintiff’s negligence contributed to the injury. The crossing was midway of a…
1Opinion of the CourtGrover, J.
The only ground, upon which the defendant’s motion for nonsuit was based, was that the evidence showed that the negligence of the plaintiff contributed to the injury received by him. The law required the plaintiff to show, that in crossing the defendant’s road, he exercised proper vigilance and care in protecting himself from injury from the locomotives and trains operated by defendant, irrespective of the question whether defendant was or was not negligent. The care to be exercised by the plaintiff required him to make a vigilant use of his eyes and ears, in ascertaining whether trains were…
2Cases cited2 opinions
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- MacKay v. . New York Central RailroadNew York Court of Appeals · 1866
3Cited by12 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Beyel v. Newport News &. M. V. R'd Co.West Virginia Supreme Court · 1890
- Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
- Carter v. Central Vermont RailroadSupreme Court of Vermont · 1900
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