Donnelly v. . Brooklyn City R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the Second judicial department, entered upon an order made February 15, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are sufficiently stated in the opinion. The plaintiff was guilty of contributory negligence, which was the cause of the collision.
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Appeal from judgment of the General Term of the Supreme Court in the Second judicial department, entered upon an order made February 15, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are sufficiently stated in the opinion. The plaintiff was guilty of contributory negligence, which was the cause of the collision. (Adolph v. Central Park, etc., 76 N. Y. 534.) A person about to go upon a railroad track must look and listen, and is excusable for the omission only…
1Opinion of the CourtGray, J.
The facts proved on the trial of this action did not warrant the submission of the case to the jury. It was shown on the plaintiff’s part that he was chargeable with neglect to act in such manner as to avoid the danger. The plaintiff, with one McNally, had driven in from Fort Hamilton, where they were employed, to the city of Brooklyn, in the evening, in a wagon drawn by one horse with a load of fish for market. They set out to return about midnight and took the route of an avenue on which were two tracks of the defendant, upon which were run, either way, trains of cars drawn by dummy…
2Cases cited3 opinions
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
- Gonzales v. . New York and Harlem R.R. Co.New York Court of Appeals · 1868
- Robinson v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
3Cited by29 opinions
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
- Bush v. Union Pacific RailroadSupreme Court of Kansas · 1901
- Winston's Administrator v. City of HendersonCourt of Appeals of Kentucky · 1918
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