McKay v. Syracuse Rapid Transit Railway Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 26, 1912, unanimously 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.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 26, 1912, unanimously 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. The learned trial court committed error in instructing the jury that any negligence upon the part of the plaintiff would not bar his recovery in this action, and in refusing to charge defendant’s request that if the jury should find “that the accident was occasioned by the negligence…
1Opinion of the CourtMiller, J.
This action is brought under section 1902 of" the Code of Civil Procedure for the negligent killing of the plaintiff’s intestate, his wife, and the question is fairly presented whether in such an action the plaintiff may recover in case the sole beneficiary, in this case the plaintiff, was himself guilty of negligence which contributed to cause the death of the decedent. The Appellate "Divisions in the third and fourth departments have taken opposite views of the question. (Lewin v. Lehigh Valley Railroad Company, 52 App. Div. 69; O’Shea v. Lehigh Valley Railroad Company, 79 App. Div. 254.)
The…
2Cases cited5 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Quin v. . MooreNew York Court of Appeals · 1857
- Lewin v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- O'Shea v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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- Barker v. KallashNew York Court of Appeals · 1984
- Lindley v. SinkIndiana Supreme Court · 1940
- Hazel v. Hoopeston-Danville Motor Bus Co.Illinois Supreme Court · 1923
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- Ohnesorge v. Chicago City Railway Co.Illinois Supreme Court · 1913
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