Fagan v. . Atlantic Coast Line R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 1, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the evidence the defendant’s negligence, and the deceased’s freedom from contributory negligence, were properly questions for the determination of the jury.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 1, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the evidence the defendant’s negligence, and the deceased’s freedom from contributory negligence, were properly questions for the determination of the jury. (Wells v. N. Y. C. & H. R. R. R. Co., 25 App. Div. 365; Gill v. R., etc., R. R. Co., 37 Hun, 107; Donovan v. Greenfeld, etc.,…
1Opinion of the CourtCollin, J.
The action is, under a statute of Virginia permitting it, to recover damages for the neglect of the defendant by which the death of plaintiff’s intestate was caused in that state. The Appellate Division reversed the judgment rendered upon the verdict of the jury and granted a new trial. The plaintiff, in appealing to this court, stipulated as required (Code of Civil Procedure, section 190, subd. 1) that upon affirmance judgment absolute shall he rendered against her.
The order of reversal of the Appellate Division was made subsequent to September 1, 1914, at which time took effect an amendment…
2Cases cited33 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Chicago, St. Louis & Pittsburgh Railroad v. BillsIndiana Supreme Court · 1885
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3Cited by43 opinions
- Pence v. KetchumSupreme Court of Louisiana · 1976
- Blye v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
- Miller v. FernanNew York Court of Appeals · 1988
- Brinkmoeller v. WilsonOhio Supreme Court · 1975
- Joseph Galvin v. William H. Jennings, Individually and Trading as Poison Pete's TavernCourt of Appeals for the Third Circuit · 1961
38 more not listed; retrieve them via the Exa API.