Zwack v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 5, 1896, affirming, by a decision which was not unanimous, a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been sustained through the negligence of defendant. The facts, so far as material, are stated in the opinions.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 5, 1896, affirming, by a decision which was not unanimous, a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for personal injuries alleged to have been sustained through the negligence of defendant. The facts, so far as material, are stated in the opinions. Plaintiff was clearly guilty of negligence contributing to the occurrence of the accident. (Parsons v. N. Y. C. & H. R. R.…
1Opinion of the CourtO’Brien, J.
The plaintiff, a boy about ten years old, was injured while on his way to school, at the defendant’s crossing at Hydraulic street, Buffalo, on the 24th óf October, 1894. The jury rendered a verdict in his favor for $1,000, and the judgment entered thereon has been affirmed at the Appellate Division.
The general question presented by the appeal is whether the trial court committed an error in submitting the case to the jury. The testimony tended to show that the plaintiff, while crossing the street, was struck by the cow-catcher of a passenger train going west at the rate of twenty miles an…
2Cases cited3 opinions
- Swift v. . Staten Island Rapid Transit Railroad CompanyNew York Court of Appeals · 1890
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Byrne v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1881
3Cited by7 opinions
- Valladao v. Fireman's Fund Indemnity Co.California Supreme Court · 1939
- Barclay v. AbrahamSupreme Court of Iowa · 1903
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
- Ramirez v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1954
- Lee v. Sterling Silk Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909
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