Legal Opinion

O'Neil v. Dry Dock, East Broadway & Battery Railroad

New York Court of Appeals

Decided December 1, 1891PublishedCited by 11 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Bew York, entered upon an order made March 2,1891, which affirmed a judgment in favor of plaintiff ■entered upon a verdict of a jury and orders denying defendants’ motions for a new trial. The nature of the action and the facts, sd far as material, are stated in the opinion. Plaintiff had no ■cause of action against the defendant the Dry Dock, East Broadway and Battery Railroad Company.

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Appeal from judgment of the General Term of the Superior Court of the city of Bew York, entered upon an order made March 2,1891, which affirmed a judgment in favor of plaintiff ■entered upon a verdict of a jury and orders denying defendants’ motions for a new trial. The nature of the action and the facts, sd far as material, are stated in the opinion. Plaintiff had no ■cause of action against the defendant the Dry Dock, East Broadway and Battery Railroad Company. (Alexander v. R., etc., R. R. Co., 38 N. Y. S. R. 254; Fleckenstein v. D. D., etc., R. R. Co., 105 N. Y. 655; Donnelly v. B. C. R.…

1Opinion of the CourtEarl, J.

In July, 1889, while the plaintiff was a passenger in one of the cars of the defendant corporation, she was injured in a collision between the car and a truck of the other defendant, and she brought this action to recover damages for her injuries, alleging that they were caused by the concurring negligence of both defendants.

It is not important now to detail the circumstances attending the injury of the plaintiff. A careful scrutiny of the evidence leaves no doubt upon our minds that it fairly tended to show concurring negligence of both defendants, and the verdict of the jury, approved by…

2Cases cited1 opinion

  1. Chapman v. . McCormickNew York Court of Appeals · 1881

3Cited by11 opinions

  1. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  2. Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
  3. Driscoll v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
  4. Citizens' Rapid Transit Co. v. SeigristTennessee Supreme Court · 1896
  5. Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909

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