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Phillips v. New York Central and Hudson River Rd. Co.

Court of Appeals of the State of New York
Jun 2, 1891
27 N.E. 978 (N.Y. 1891)
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Summary

In Phillips v. R. R., 127 N.Y. 657, it is said: "When, in an action to recover damages for injuries alleged to have been caused by defendant's negligence, it appeared that there were two proximate causes of the injury, one the negligence of the defendant, and the other an occurrence happening without fault on the part of the plaintiff, the latter is entitled to recover."

Summary of this case from Harton v. Telephone Co.
See 3 Summaries

Opinion

Argued April 17, 1891

Decided June 2, 1891

S.W. Jackson for appellant.

D.W. Chadsey for respondent.

BRADLEY, J., reads for affirmance.

All concur.

Judgment affirmed.

Summaries of

Phillips v. New York Central and Hudson River Rd. Co.

Court of Appeals of the State of New York
Jun 2, 1891
27 N.E. 978 (N.Y. 1891)

In Phillips v. R. R., 127 N.Y. 657, it is said: "When, in an action to recover damages for injuries alleged to have been caused by defendant's negligence, it appeared that there were two proximate causes of the injury, one the negligence of the defendant, and the other an occurrence happening without fault on the part of the plaintiff, the latter is entitled to recover."

Summary of this case from Harton v. Telephone Co.

In Phillips v. New York Central Hudson River Railroad Company (127 N.Y. 657) the court held that a trial judge may, the counsel for both parties being present, recall the jury and further charge them, or correct any supposed error in the charge as made or in the refusals to charge.

Summary of this case from Futoransky v. Nassau Electric R.R. Co.

In Phillips v. N.Y.C.R.R. Co., 127 N.Y. 657, the Court of Appeals say: "But erroneous instructions can be effectually cured only by their withdrawal in terms so explicit and unequivocal as to preclude the inference that the jury may have been influenced by them."

Summary of this case from Krulder v. Woolverton
Case details for

Phillips v. New York Central and Hudson River Rd. Co.

Case Details

Full title:SARAH E. PHILLIPS, Respondent, v . THE NEW YORK CENTRAL AND HUDSON RIVER…

Court:Court of Appeals of the State of New York

Date published: Jun 2, 1891

Citations

27 N.E. 978 (N.Y. 1891)
27 N.E. 978

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