Swart v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Almeron Swart, an infant, by Ella L. Hough am, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 17th day of October, 1902, upon an order entered in said clerk’s office on the 17th day of October, 1902, directing a verdict in favor of the defendant dismissing the plaintiff’s complaint, and setting aside the verdict,.of a jury theretofore rendered in…
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Appeal by the plaintiff, Almeron Swart, an infant, by Ella L. Hough am, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 17th day of October, 1902, upon an order entered in said clerk’s office on the 17th day of October, 1902, directing a verdict in favor of the defendant dismissing the plaintiff’s complaint, and setting aside the verdict,.of a jury theretofore rendered in favor of tiie plaintiff, and also from said order upon which judgment was entered. The action was commenced on the 6th…
1Opinion of the Court
McLennan, J.:
The facts, so far as material, may be briefly stated : At about four o’clock .in the . afternoon of October 6, 1900, a bright, clear day, there being no wind or storm of any kind, the plaintiff, who was then nearly sixteen years old, a bright, active, intelligent lad, was struck and severely injured by one of the defendant’s freight *404trains at a highway crossing of the West Shore -railroad, about a mile northwest of the village of Port Byron, in the county of Cayuga. To recover damages" for the injuries thus received this action is brought.
The highway at the place in question…
2Cases cited1 opinion
- Fiddler v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by6 opinions
- Barry v. Southern Pac. Co.Arizona Supreme Court · 1946
- Westerkamp v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Colorado · 1907
- Kulp Transportation Lines, Inc. v. Erie RailroadNew York City Court · 1928
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- McAuliffe v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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