Knapp v. New York, N. H. & H. Railroad
This text of 122 N.Y.S. 1133 (Knapp v. New York, N. H. & H. 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.
Opinion
Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that there is no evidence that the decedent either looked or listened before he went upon the railroad track, and that it affirmatively appears that if he had so looked, or if he had so listened, he might have seen or heard the approaching train and avoided the accident which resulted in his death. Harrison v. N. Y. C. H. R. R. Co., 195 N. Y. 90, 87 N. E. 802; Wieland v. Delaware & Hudson Canal Co., 167 N. Y. 26, 60 N. E. 234, 82 Am. St. Rep. 707.
HIRSCHBERG, P. J., dissents.
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122 N.Y.S. 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knapp-v-new-york-n-h-h-railroad-nyappdiv-1910.