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Lewin v. Lehigh Valley Railroad Company

William Lewin, as Administrator of Herbert Lewin, Deceased, Respondent, v. Lehigh Valley Railroad Company, Appellant

Lewin v. Lehigh Valley R.R. Co., 59 N.E. 1118 (N.Y. 1901)
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Court
New York Court of Appeals · State Highest Courts
Decided
February 8, 1901
Judges
<italic>Per Curiam</italic>.
Citations
59 N.E. 1118165 N.Y. 6671901 N.Y. LEXIS 1529
Summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 7,1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

Per Curiam.

In this action, which, was brought by the plaintiff, as administrator, etc., to 'recover damages for the alleged negligence of the defendant in causing the death of *668 his infant son, we think that the evidence was such as to make it a question of fact whether the plaintiff was guilty of contributory negligence or not. It was possible, upon the evidence, for the jurors to draw the inference that he had acted as prudently and vigilantly as was reasonably to be expected of him, and that question was specifically submitted to and passed upon by them. The judgment upon the verdict, which the jury rendered in favor of the plaintiff, has been affirmed by the Appellate Division, although by a divided court, and, therefore, the interesting question as to the effect of the plaintiff’s contributory negligence upon his right to recover, discussed in the opinion rendered at the Appellate Division, is not before us. For these reasons the judgment should be affirmed, with costs.

Parker, Ch. J., Gray, Bartlett, Martin, Vann, Cullen and Werner, JJ., concur.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1901: 11923: 11926: 11933: 219012026peak 1933 · 2

Relies on it most ⓘ

  1. Spaulding v. Mineah239 A.D. 460 (1933)
  2. Kupchinsky v. Vacuum Oil Co.188 N.E. 278 (N.Y. 1933)
  3. Mitchell v. Third Avenue Railroad62 A.D. 371 (1901)
  4. Swartzlander v. Swartzlander127 Misc. 801 (N.Y. Sup. Ct. 1926)
  5. De Cicco v. New York Central Railroad207 A.D. 875 (1923) · Dissent

Most recent

  1. Kupchinsky v. Vacuum Oil Co.188 N.E. 278 (N.Y. 1933)
  2. Spaulding v. Mineah239 A.D. 460 (1933)
  3. Swartzlander v. Swartzlander127 Misc. 801 (N.Y. Sup. Ct. 1926)
  4. De Cicco v. New York Central Railroad207 A.D. 875 (1923) · Dissent
  5. Mitchell v. Third Avenue Railroad62 A.D. 371 (1901)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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