Voak v. . Northern Central Railway Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judg-' meat in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injurie» alleged to have been sustained by plaintiff at a railroad crossing, because of negligence on the part of defendant in omitting to give the statutory warnings from the engine of an approaching train. The tacts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judg-' meat in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injurie» alleged to have been sustained by plaintiff at a railroad crossing, because of negligence on the part of defendant in omitting to give the statutory warnings from the engine of an approaching train. The tacts appear sufficiently in the opinion. Defendant had a right to ‘ sound its whistle in the lawful operation of its road, and when properly sounded is not liable for…
1Opinion of the CourtEarl, J.
By the Law of 1854, chapter 282, section 7, it is provided that where a railroad shall cross any traveled public road or street, on the same level with the railroad, the engine bell shall bo rung, or whistle sounded, at least eighty rods from the crossing, and that the bell shall be kept ringing, or that the whistle shall be sounded at intervals until the engine shall have crossed the road, and for neglect to comply with these requirements the railroad company is made liable for all damage sustained by any person by reason of the neglect.
The purpose of this provision is the protection of…
2Cases cited1 opinion
- People v. New York Central Rail RoadNew York Supreme Court · 1855
3Cited by16 opinions
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Schneider v. Market Street Railway Co.California Supreme Court · 1901
- Warth v. County Court of Jackson CountyWest Virginia Supreme Court · 1912
- Hainlin v. BudgeSupreme Court of Florida · 1908
- Grand Trunk Western Railway Co. v. ReynoldsIndiana Supreme Court · 1910
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