Mangam v. . Brooklyn R.R. Co.
New York Court of Appeals
Appeal from an order of the Supreme Court reversing a judgment of nonsuit ordered at Circuit, and directing a new trial. The action was brought by the plaintiff to recover . damages for an injury received by being struck by a car of defendant, running on its road in Brooklyn, by which the plaintiff was knocked down, and his leg run over and injured so, as to require amputation.
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Appeal from an order of the Supreme Court reversing a judgment of nonsuit ordered at Circuit, and directing a new trial. The action was brought by the plaintiff to recover . damages for an injury received by being struck by a car of defendant, running on its road in Brooklyn, by which the plaintiff was knocked down, and his leg run over and injured so, as to require amputation. The' proof showed, that the plaintiff lived with his father, in Brooklyn; that about twenty minutes before receiving the injury, he was upon a balcony, at the rear of the house; that there was no opportunity to get…
1Opinion of the Court
The nonsuit granted at the Circuit can only be sustained upon the ground, that the evidence failed to show that the injury received by the plaintiff resulted from the negligence of the driver of the car, or that it showed the negligence of the plaintiff, or that of those having the care of him, and whose negligence was imputable to him, contributed to the injury received. Upon the first ground, no question is made by the counsel of the appellant. The negligence of the driver was clearly proved. It was his duty, while driving in the streets of Brooklyn, to keep entire control of his team as…
2Cases cited2 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
3Cited by82 opinions
- Holodook v. SpencerNew York Court of Appeals · 1974
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GramesIndiana Supreme Court · 1893
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