Skelton v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lehigh Valley Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on .the 27th day of October, 1913, upon the verdict of a jury for $5,325, and also from an order entered in said clerk’s office on the 30th day of October, 1913, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Lehigh Valley Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Madison on .the 27th day of October, 1913, upon the verdict of a jury for $5,325, and also from an order entered in said clerk’s office on the 30th day of October, 1913, denying defendant’s motion for a new trial made upon the minutes. The appeal was transferred from the Third Department to the Fourth Department. (See 164 App. Div. 917.)
1Opinion of the Court
Per Curiam :
The death of plaintiff’s intestate was due to injuries he received as a result of one of defendant’s trains colliding with a wagon driven by him, along a public highway where the same crosses defendant’s line of railway at grade. The question whether or not the accident was due, in part at least, to his contributory negligence was a close one. The court, declined to charge defendant’s request that plaintiff had the burden of proving that her intestate “was free from carelessness or negligence which caused or contributed to the accident in question.” The *790further request to charge…
2Cases cited3 opinions
- Greif v. Buffalo Lockport & Rochester Railway Co.New York Court of Appeals · 1912
- Sackheim v. PigueronAppellate Division of the Supreme Court of the State of New York · 1914
- Clancy v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1913