Breen v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the supreme court, general term, third department, ordering a judgment in favor of the plaintiff, upon a verdict rendered by a jury at the circuit court.
1Opinion of the CourtDanforth, J.
The learned counsel for the appellant asks for a reversal of the judgment and new trial upon two grounds:. First. That the injury to the plaintiff was caused by his-own negligence, and
Second. That the defendant on the occasion in question, was free from negligence.
The jury had both propositions before them, after instructions from the court, to which no objection is now made,, and the general term was of opinion that the case was properly submitted to them. The judgment must stand, therefore, if there was evidence proper for the consideration of the jury and sufficient in some reasonable view…
2Cases cited1 opinion
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
3Cited by1 opinion
- Harriman v. Reading & Lowell Street Railway Co.Massachusetts Supreme Judicial Court · 1899