Breen v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 4, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff to recover damages for injuries received while a passenger upon one of defendant’s cars. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 4, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff to recover damages for injuries received while a passenger upon one of defendant’s cars. The facts are sufficiently stated in the opinion. The negligent way in which plaintiff was sitting precluded a recovery. ’ (Todd v. Old Colony R. R. Co., 7 Al. 207; Pittsburg R. R. Co. v. McClurg, 56 Penn. 294 ; Holbrook v. U. & S. R. R. Co., 12 N. Y. 236.) The…
1Opinion of the CourtDanforth, J.
The learned counsel for the appellant asks-for a reversal of the judgment and a new trial upon two grounds: First. That the injury to the plaintiff was caused by his own negligence; and, second, that the defendant on the occasion in question was free from negligence.
The jury had both propositions before them, after instructions from, the court, to which no objection is now made, and the General Term was of opinion that the case was properly submitted to them. The judgment must stand, therefore, if" there was evidence proper for the consideration of the jury and sufficient m some reasonable…
2Cases cited1 opinion
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
3Cited by4 opinions
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- Ennis v. GrayNew York Supreme Court · 1895
- Greco v. BernheimerAppellate Terms of the Supreme Court of New York · 1896
- Spencer v. McManusAlbany City Court · 1893