Winch v. Third Ave R.

New York Court of Common Pleas

Winch v. Third Ave R.

35 N.Y.S. 1119

DecidedDecember 2, 1895

StatusPublished

This text of 35 N.Y.S. 1119 (Winch v. Third Ave R.) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Winch v. Third Ave R., 35 N.Y.S. 1119 (N.Y. Super. Ct. 1895).

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Opinion

PER CURIAM.

That . the plaintiff was guilty of contributory negligence is conclusively established by the adjudication of the court of appeals in Scott v. Railroad Co., 130 N. Y. 679, 29 N. E. 289. The court did not overlook the rule that if defendant could, by the exercise of ordinary care, have prevented the accident, the plaintiff was, notwithstanding his own negligence, entitled to recover; but we held that the case is not within the rule, because there was no proof that the defendant could, by the exercise of ordinary care, have avoided the collision complained of. Motion denied, with $10 costs.

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PER CURIAM.

That . the plaintiff was guilty of contributory negligence is conclusively established by the adjudication of the court of appeals in Scott v. Railroad Co., 130 N. Y. 679, 29 N. E. 289. The court did not overlook the rule that if defendant could, by the exercise of ordinary care, have prevented the accident, the plaintiff was, notwithstanding his own negligence, entitled to recover; but we held that the case is not within the rule, because there was no proof that the defendant could, by the exercise of ordinary care, have avoided the collision complained of. Motion denied, with $10 costs.

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Bluebook (online)

35 N.Y.S. 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winch-v-third-ave-r-nyctcompl-1895.

Opinion

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