Ginnon v. New York & Harlem Railroad
The Superior Court of New York City
Appeal from a judgment dismissing the plaintiff’s complaint, and from an order made at a special term, denying a motion for a new trial. Darby Ginnon, the plaintiff, a boy about 17 years of age, got upon one of the defendants’ city cars, with a large leather sack containing shoe trimmings. He was on the front platform with this sack. He did not ask the conductor for a seat. He did not try to go into the car.
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Appeal from a judgment dismissing the plaintiff’s complaint, and from an order made at a special term, denying a motion for a new trial. Darby Ginnon, the plaintiff, a boy about 17 years of age, got upon one of the defendants’ city cars, with a large leather sack containing shoe trimmings. He was on the front platform with this sack. He did not ask the conductor for a seat. He did not try to go into the car. The conductor collected his fare, on the platform. ■ When the car got near Sixth street,- going up the Bowery, the plaintiff told the driver to stop. The driver did not stop. He spoke to…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The main questions in this case are the sufficiency of the evidence to establish negligence on the part of either or both parties. No difficulty arises from drawing the line of demarcation between gross and ordinary negligence, since any negligence on the part of the plain*30tiff deprives him of all right of action. ( Wilds v. The Hudson R. R. Co., 24 N. Y. Rep. 430.)
The doctrine that negligence is a pure question of law when the facts constituting it are conceded, and must therefore be determined by the court, was early admitted, and is constantly ■ adhered to in…
2Cases cited11 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Wilds v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
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3Cited by2 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- The Venus, Rae, MasterSupreme Court of the United States · 1814