Baxter v. Auburn & Syracuse Electric Railroad
New York Court of Appeals
Appeal from a. judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 22, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. ■ • 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 fourth judicial department, entered March 22, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. ■ • The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s motion for a nonsuit made when -plaintiff rested, and renewed at the close of the case, was well founded and should have been granted. Not only did the plaintiff’s proof fail to show the absence of contributory negligence on the part of her…
1Opinion of the CourtGray, J.
The plaintiff has recovered a judgment against the defendant for the damages sustained by her in the loss of her husband; whose death, as she alleged, was caused through the negligent management of one of the defendant’s cars. The judgment was affirmed by a divided vote of the justices of the Appellate Division and, upon this appeal, it is, principally, urged upon us by the defendant that the deceased appears from the evidence to have contributed to the accident by his own negligent conduct. It is necessary in these cases, when a defendant is sought to be charged with the consequences of the…
2Cases cited1 opinion
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
3Cited by17 opinions
- Coleman v. . R. R.Supreme Court of North Carolina · 1910
- Lamb v. Union Railway Co.New York Court of Appeals · 1909
- Peterson v. . Ballantine SonsNew York Court of Appeals · 1912
- Coleman v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Woodward v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1914
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