Silberstein v. Houston, West Street & Pavonia Ferry Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the April Term, 1889, which modified, by reducing the damages, and affirmed, as modified, a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the April Term, 1889, which modified, by reducing the damages, and affirmed, as modified, a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff, in attempting to cross the tracks of defendant’s road in a street of the city of Hew York, which was slippery, owing to the presence of ice, slipped and fell and was run over by a car moving at an unsual…
1Opinion of the CourtPeckham, J.
The motion for a new trial on the ground of the contributory negligence of the plaintiff was, we think, properly denied. It was a case upon the whole evidence on that point for the jury.
The defendant did not claim that no case for a jury had been made out upon the question of the defendant’s negligence.
This would lead to an affirmance of the judgment but for the admission of one piece of evidence which we think was erroneously admitted and may have done great harm upon the question of defendant’s negligence.
An officer of the weather bureau was called on the part of the plaintiff, and he had…
2Cases cited1 opinion
- Parsons v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
3Cited by3 opinions
- Caraher v. MulliganNew York Supreme Court · 1889
- Montfort v. New York Central RailroadNew York Court of Appeals · 1960
- Nicholas v. Topeka Railway Co.Supreme Court of Kansas · 1916