Peterson v. . Ballantine Sons
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 25, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s intestate was guilty of contributory negligence as matter of law. (Perez v. Sandrowitz, 180 N. Y. 397; Baxter v. A. & S. El R. R. Co., 190 N. Y. 439; Weiss v. M. St. Ry.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 25, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s intestate was guilty of contributory negligence as matter of law. (Perez v. Sandrowitz, 180 N. Y. 397; Baxter v. A. & S. El R. R. Co., 190 N. Y. 439; Weiss v. M. St. Ry. Co., 33 App. Div. 221; Wecker v. B. R. C. & S. R. R. Co., 136 App. Div. 340; Barker v. Savage, 49 N. Y. 191; Dolfini v. E. R.…
1Opinion of the CourtG-ray, J.
The Appellate Division, by a divided court, has affirmed a judgment in faver of the plaintiff, upon the verdict of a jury, in an action brought to recover damages of the defendant upon a charge of negligence. The plaintiff alleged that the death of his intestate was caused by the negligent driving of the horses attached to a wagon, belonging to the defendant, in one of the streets of the borough of Brooklyn, and that the deceased did not contribute to the result by any negligence on his part. The accident occurred in the daytime, while the deceased was crossing 42d street, between 3d and 2d…
2Cases cited2 opinions
- Baxter v. Auburn & Syracuse Electric RailroadNew York Court of Appeals · 1908
- Perez v. . SandrowitzNew York Court of Appeals · 1905
3Cited by14 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Sheldon v. JamesCalifornia Supreme Court · 1917
- Webb-Pepploe v. CooperCourt of Appeals of Maryland · 1930
- Morgan v. Bingham Stage Lines Co.Utah Supreme Court · 1929
- Pecora v. MariqueAppellate Division of the Supreme Court of the State of New York · 1948
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