Clancy v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York, New Haven and Hartford Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 20th day of October, 1911, upon the verdict of a jury for $9,900, and also from an order entered in said clerk’s office on the 10th of November, 1911, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
This action is by the administrator of a servant against a master for negligence. The learned court charged the jury as follows: “I am going to say to you in this case, that under the law as it stands now, that duty is upon the defendant to prove that the mandid not. .use.due care, that he was guilty of contributory negligence, that his own carelessness helped to bring about the injury which resulted in his death, and it is not for the plaintiff to show that he was free from carelessness. The burden is put on the defendant to show that the man acted carelessly, and if .he did act…
2Cases cited1 opinion
- Greif v. Buffalo Lockport & Rochester Railway Co.New York Court of Appeals · 1912
3Cited by3 opinions
- Sackheim v. PigueronAppellate Division of the Supreme Court of the State of New York · 1914
- Nicholson v. City of New YorkNew York Supreme Court · 1914
- Skelton v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1914