Ruppert v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered August 3, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the death of plaintiff’s intestate alleged to have been occasioned by the negligence of defendant. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered August 3, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the death of plaintiff’s intestate alleged to have been occasioned by the negligence of defendant. The facts, so far as material, are stated in the opinion. The proof offered by the plaintiff did not contain facts from which negligence on the part of the defendant could be legitimately inferred.…
1Opinion of the CourtO’Brien, J.
The plaintiff’s son and intestate, who was about twenty-two years old, Avas killed on the 7th of August, 1893, while driving a team, hitched to a loaded Avagon, through-Grand street, which is occupied by the tracks of the defendant’s railroad. The deceased was driving the team, seated upon an elevated spring seat in the front part of the Avagon, and when turning off from the railroad track one of the front Avheels of the ay agon came in contact with a paving stone in the street near the track, producing a jolt of the wagon which threw the' deceased to the ground when one of the hind wheels…
2Cases cited2 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- The People v. . KennedyNew York Court of Appeals · 1865
3Cited by95 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Boyce Motor Lines, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
- People v. . RazeziczNew York Court of Appeals · 1912
- White v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1917
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