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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 11, 1905

StatusPublished

This text of 95 N.Y.S. 1123 (Cornwall v. New York Central & Hudson River Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

95 N.Y.S. 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornwall-v-new-york-central-hudson-river-railroad-nyappdiv-1905.