Hunter v. Cooperstown & Susquehanna Valley Railroad
New York Court of Appeals
Appeal from judgment of the supreme court, general term, ■fourth department, affirming judgment for plaintiff.
1Opinion of the CourtGray, J.
Upon a previous occasion we reversed a judgment recovered by these plaintiffs and ordered a new trial, upon the ground that the act of the deceased in attempting to board the moving train was reckless and dangerous and contributed to the resulting injury. As the case was then presented, the fact was •established by the evidence for the plaintiffs that the speed of the •train was from four to six miles an hour at the time the deceased jumped on, and though it was substantially admitted that the .attempt was negligence on his part, it was argued that the act was justified because requested or…
2Cases cited2 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
3Cited by12 opinions
- Gannon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- Williams v. Delaware, L. & W. RailroadNew York Supreme Court · 1895
- Fahr v. Manhattan Railway Co.New York Court of Common Pleas · 1894
- Sias v. Rochester Railway Co.New York Supreme Court · 1895
- Sculley v. New York, L. E. & W. R.New York Supreme Court · 1894
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