Devoe v. New York, Ontario & Western Railway Co.
Supreme Court of New Jersey
On error to the Supreme Court. Helen M. Devoe, as administratrix of Bertha L. Devoe, deceased, brought suit against the New York, Ontario and Western Railway Company. The deceased, a child nine years of age, was struck on the 22d day of September, 1897, by a train of the company while she was crossing the company’s railroad track near Schraalenburg, and so injured that she shortly afterwards died.
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On error to the Supreme Court. Helen M. Devoe, as administratrix of Bertha L. Devoe, deceased, brought suit against the New York, Ontario and Western Railway Company. The deceased, a child nine years of age, was struck on the 22d day of September, 1897, by a train of the company while she was crossing the company’s railroad track near Schraalenburg, and so injured that she shortly afterwards died. This suit was brought under the statute to recover damages for causing the death of the deceased. At the trial the plaintiff recovered a verdict on which judgment was entered, whereupon the…
1Opinion of the Court
*277The opinion of the court was delivered by
Depue, J.
The deceased at the time she was struck was crossing the track of the railroad at a place which was not a public highway. She was not using the place of crossing to go to the passenger-station; she was on her way to school, intending to reach the street on which the school was situate by passing over the platform of the station.
The situation and circumstances as disclosed in the evidence were these: The passenger-station was on tthe .south side of the railroad, extending out to a street called Courtlandt street, parallel with and some distance…
2Cases cited3 opinions
- Phillips v. Library Co.Supreme Court of New Jersey · 1893
- Delaware, Lackawanna & Western Railroad v. TrautweinSupreme Court of New Jersey · 1889
- Hammill v. Pennsylvania RailroadSupreme Court of New Jersey · 1894
3Cited by6 opinions
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
- Jonosky v. Northern Pacific Ry. Co.Montana Supreme Court · 1920
- Matthews v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1903
- Bottom's v. HawksSupreme Court of Vermont · 1911
- Gudnestad v. Seaboard Coal Dock Co.New Jersey Superior Court Appellate Division · 1953
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