Simmons v. Central New England & Western Railroad

New York Supreme Court

Simmons v. Central New England & Western Railroad

21 N.Y.S. 1109, 51 N.Y. St. Rep. 937

DecidedFebruary 13, 1893

StatusPublished

This text of 21 N.Y.S. 1109 (Simmons v. Central New England & Western Railroad) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Simmons v. Central New England & Western Railroad, 21 N.Y.S. 1109, 51 N.Y. St. Rep. 937 (N.Y. Super. Ct. 1893).

Pincite

Opinion

PRATT, J.

This case only involved questions of fact in its trial, and we think the evidence is sufficient to sustain the verdict. The jury found the defendant was guilty of negligence in running its train on the occasion of the accident, and also found, as matter of fact, that the plaintiff was not guilty of contributory negligence. No exceptions are taken to the ruling of the trial judge as to questions of evidence, and no exceptions to the charge. It was a proper case to be submitted to a jury, and the verdict must be upheld. Affirmed, with costs.

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PRATT, J.

This case only involved questions of fact in its trial, and we think the evidence is sufficient to sustain the verdict. The jury found the defendant was guilty of negligence in running its train on the occasion of the accident, and also found, as matter of fact, that the plaintiff was not guilty of contributory negligence. No exceptions are taken to the ruling of the trial judge as to questions of evidence, and no exceptions to the charge. It was a proper case to be submitted to a jury, and the verdict must be upheld. Affirmed, with costs.

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Bluebook (online)

21 N.Y.S. 1109, 51 N.Y. St. Rep. 937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-central-new-england-western-railroad-nysupct-1893.