New York Court of Appeals

Catharine M. Johnson v. the Hudson River Railroad Company

September 5, 185920 N.Y. 65

Summary

The Court affirmed the Superior Court's judgment, holding that the plaintiff need not affirmatively prove his own lack of negligence when the defendant's negligence is evident, that the burden of proof shifts with the circumstances, that the instruction requiring the plaintiff's negligence to "directly" contribute to the injury was not erroneous, and that railroad operators must exercise a heightened degree of care in city streets.