Smith v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme- Court in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 26'th day of December, 1895, upon the verdict of- a jury rendered after a-trial at-the Ontario Circuit, and also from an order entered in said clerk’s office on the 26tli day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme- Court in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 26'th day of December, 1895, upon the verdict of- a jury rendered after a-trial at-the Ontario Circuit, and also from an order entered in said clerk’s office on the 26tli day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was tó recover for personal injuries sustained by the plaintiff' on the 16th of August, 1892, while crossing…
1Opinion of the Court
Hardin, P. J.:
The facts and circumstances disclosed by the evidence are sufficient to make it a. question for the jury whether the defendant was guilty of negligence which caused or contributed to the injury which was received by the plaintiff. (Greany v. L. I. R. R. Co., 101 N. Y. 423; Parsons v. N. Y. C. & H. R. R. R. Co., 113 id. 364;, Swift v. S. I. R. T. R. R. Co., 123 id. 649; Miller v. N. Y. C. & H. R. R. R. Co., 82 Hun, 164; S. C. affd., 146 N. Y. 367.)(2) Upon all the evidence given at the trial we are inclined to think that the question of whether the plaintiff was guilty of…
2Cases cited7 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Donnelly v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
- Salter v. . Utica and Black River Railroad CompanyNew York Court of Appeals · 1874
- Miller v. New York Cent. & H. R. RailroadNew York Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Kokesh v. PriceSupreme Court of Minnesota · 1917
- State Farm Automobile Insurance v. DresslerCourt of Appeals of Arizona · 1987
- Bergold v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Doll v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.