Albert v. Bleecker Street
New York Court of Common Pleas
Appeal by the defendant from a judgment of the general term of the Marine Court. The action was brought to recover damages alleged to have been sustained by reason of a collision between one of the defendant’s cars and the plaintiff’s horse and wagon, on the 22d day of June, 1865. The evidence upon the trial developed the following facts: The plaintiff, an expressman, well acquainted with the locality, knew of the existence of the defendant’s railroad, and that the same was…
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Appeal by the defendant from a judgment of the general term of the Marine Court. The action was brought to recover damages alleged to have been sustained by reason of a collision between one of the defendant’s cars and the plaintiff’s horse and wagon, on the 22d day of June, 1865. The evidence upon the trial developed the following facts: The plaintiff, an expressman, well acquainted with the locality, knew of the existence of the defendant’s railroad, and that the same was in regular and continual operation in and through Crosby street. He had some packages to deliver at Niblo’s theatre, and…
1Opinion of the Court
By the Court.—Brady, J.
This appeal was argued with great zeal, and it was reserved in consequence of the pertinacity, not censurable, with which defendant’s counsel insisted that it was a case of concurring negligence, in the most favorable view for the plaintiff. On the argument, it was considered as presenting a question of fact on the right of the plaintiff to damages, which was fairly submitted to the jury. They were told that if the plaintiff was guilty of any negligence which contributed to the injury complained of, he could not recover. The testimony being conflicting in some respects…
2Cases cited8 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Blanchard v. ElyNew York Supreme Court · 1839
- Bennett v. Lockwood & CarterNew York Supreme Court · 1838
- Freeman v. CluteNew York Supreme Court · 1848
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3Cited by12 opinions
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- Hutton v. MurphyNew York Court of Common Pleas · 1894
- Gottwald v. BernheimerNew York Court of Common Pleas · 1875
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