Morris v. Lake Shore & Michigan Southern Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 20, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed 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. There was no evidence even tending to show negligence on the part of the defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 20, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed 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. There was no evidence even tending to show negligence on the part of the defendant. On the contrary, direct evidence was given by the plaintiff’s witness establishing freedom from negligence on the part of the defendant. The submission of…
1Opinion of the CourtMartin, J.
This ivas an action to recover damages sustained by the death of the plaintiff’s intestate, and it was based upon the alleged negligence of the defendant.
The decedent resided upon a farm in the town of Ripley, Chautauqua county. The defendant’s road passed through the farm, and over the railroad was a farm crossing which had been provided by the defendant. The decedent’s house and barns were upon one side of the railroad, while his pasture was upon the opposite side. On the 25th day of August, 1881, the decedent was struck and killed by a passing train at or near the- crossing. At the time he…
2Cases cited2 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Perkins v. . StantonNew York Court of Appeals · 1906
3Cited by23 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Chattanooga Light & Power Co. v. HodgesTennessee Supreme Court · 1902
- Hirsh v. State of New YorkNew York Court of Appeals · 1960
- Illinois Central Railroad v. AndersonIllinois Supreme Court · 1900
- Carlson v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1905
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