Countryman v. Fonda, Johnstown & Gloversville Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 28, 1898, affirming a judgment in favor of. defendant entered upon a dismissal of the complaint by the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 28, 1898, affirming a judgment in favor of. defendant entered upon a dismissal of the complaint by the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. There was sufficient testimony on the question of defendant’s negligence to make it one of fact, and it should have been submitted to the jury. (Young v. Atlantic Ave. R. R. Co., 10 Misc. Rep. 541; Meisch v. Rochester El. Ry. Co., 72 Hun, 604; Ward v. N. Y. &…
1Opinion of the CourtBartlett, J.
This is an action by an administrator to recover damages for causing the death of his intestate, resulting from the alleged negligence of the defendant, brought under the provisions of the Code of Civil Procedure (§§ 1902 to 1908).
On the morning of the third day of January, 1895, Christina Countryman, the deceased, was riding in a cutter with one Walter C. Coates, traveling .in a southerly direction on Main street, in the city of Gloversville.
The defendant operated on that street, in the center thereof, a single-track electric railroad, there being sufficient space between the track and the…
2Cases cited5 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- Adolph v. Central Park, North & East River RailroadNew York Court of Appeals · 1879
- Matter of Snedeker v. . SnedekerNew York Court of Appeals · 1900
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- Spadaccini v. DolanAppellate Division of the Supreme Court of the State of New York · 1978
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Lamarca v. United StatesDistrict Court, E.D. New York · 1999
- Gilliard v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1980
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