Brickell v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Gourt in the fourth judicial department, entered upon an order-made ¡November 15,1887, which affirmed a judgment in favor ©f defendant entered upon, a decision of the court on trial at She circuit.
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Appeal from judgment of the General Term of the Supreme Gourt in the fourth judicial department, entered upon an order-made ¡November 15,1887, which affirmed a judgment in favor ©f defendant entered upon, a decision of the court on trial at She circuit. This action was brought to recover damages alleged to have Been sustained by plaintiff from a collision between the wagon in which plaintiff was riding and the- engine hauling a train of the defendant’at a highway crossing of defendant’s road near Palmyra. ' The plaintiff was riding and occupying the same seat with flie driver of a single…
1Opinion of the CourtPotter, J.
The evidence in this case indicates to my mind not merely a failure to show that absence of freedom from contributory negligence which is necessary to be shown upon the behalf of the plaintiff in order to sustain a recovery for negligence upon the part of a railroad company, but clearly and beyond any question the actual existence of negligence of the driver *293and of the plaintiff which contributed to the plaintiff’s injury. The excuse attempted to be set up for such conduct, that the top of the buggy and the snow and wind rendered it more difficult to hear the noise of an approaching train,…
2Cases cited3 opinions
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
- Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by12 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Bresee v. Los Angeles Traction Co.California Supreme Court · 1906
- Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
- Flynn v. Chicago City Railway Co.Illinois Supreme Court · 1911
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