Cornwall v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of New York

Cornwall v. New York Central & Hudson River Railroad

95 N.Y.S. 1123

Appellate Division of the Supreme Court of the State of New York·Decided October 11, 1905·Published

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that it was error for the trial justice to charge the jury that, if the son (plaintiff’s) was free from negligence and the defendant was negligent, then the plaintiff can recover, irrespective of the question whether she was negligent or not.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that it was error for the trial justice to charge the jury that, if the son (plaintiff’s) was free from negligence and the defendant was negligent, then the plaintiff can recover, irrespective of the question whether she was negligent or not.

Cornwall v. New York Central & Hudson River Railroad, 95 N.Y.S. 1123 (N.Y. Ct. App. 1905).

Pincite

95 N.Y.S. 1123 (Cornwall v. New York Central & Hudson River Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.