Stabenau v. . Atlantic Ave. R.R. Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 8, 1895, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Ho negligence on the part of the defendant, or its employees, was proven by the plaintiff, and the duty was upon the plaintiff to prove that fact affirmatively. (Goldschmidt v. Met.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 8, 1895, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Ho negligence on the part of the defendant, or its employees, was proven by the plaintiff, and the duty was upon the plaintiff to prove that fact affirmatively. (Goldschmidt v. Met. C. R. Co., 1 App. Div. 309; Fenton v. S. A. R. R. Co., 126 N. Y. 625 ; Bittner v. C. R. Co., 153 N. Y. 76; Wynn v. C. P., N. & E. R. R.…
1Opinion of the CourtGray, J.
The plaintiff brought this action to recover for the loss of the services of his infant daughter; who was injured by a car of the defendant company, at a crossing in the township of Hew Utrecht, in the county of Kings. The. plaintiff charged, in his complaint, that his daughter’s injuries were due to the negligence of the defendant. He alleged that the crossing, in question, was dangerous to foot-passengers ; that the construction and mechanical appliances of the car were imperfect, and that its operation at the time was negligent.
The evidence showed the following state of facts. The…
2Cases cited3 opinions
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Wynn v. . Central Park, North and East River Railroad Co.New York Court of Appeals · 1892
- Bittner v. Crosstown Street Railway Co.New York Court of Appeals · 1897
3Cited by23 opinions
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Carney v. Concord Street RailwaySupreme Court of New Hampshire · 1903
- Griswold v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1903
- Nissly v. Detroit, Jackson & Chicago Railway Co.Michigan Supreme Court · 1911
- Maguire v. . BarrettNew York Court of Appeals · 1918
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