Mulligan v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Ontario county. Action by Mary Mulligan, administratrix, etc., of James Mulligan, deceased, against the New York Central & Hudson River Railroad Company, for the alleged negligent killing of her intestate. There was a verdict in plaintiff’s favor. From a judgment thereon, and an order denying a motion for a new trial on the minutes, defendant appeals.
1Opinion of the CourtDwight, P. J.
After a very careful examination of the evidence in this case, aided by the elaborate briefs of counsel furnished on two arguments of the appeal, we are impressed with the conviction that the evidence bearing upon the question of the degree of care exercised by the plaintiff’s intestate, for his own safety, in the attempt to cross the tracks of the defendant railroad, on the occasion of the casualty which was the subject of this inquiry, was not such as to warrant a verdict in favor of the plaintiff. The rules of law which govern yiis conclusion are perfectly well settled, and are not open to…
2Cases cited4 opinions
- Colt v. . the Sixth Avenue Railroad CompanyNew York Court of Appeals · 1872
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
3Cited by10 opinions
- Perham v. CottleNew York Supreme Court · 1916
- Suhrada v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Curry v. WibornAppellate Division of the Supreme Court of the State of New York · 1896
- Lamm v. Metropolitan St. Ry. Co.Appellate Terms of the Supreme Court of New York · 1904
- Curry v. WibornAppellate Division of the Supreme Court of the State of New York · 1896
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