Legal Opinion

Van Nostrand v. Long Island Railroad

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1900Published

Appeal from municipal court, borough of Queens, Second district. Action by Benjamin W. Van Nostrand and another against the Long Island Railroad Company. From a judgment for plaintiffs, defendant appeals.

1Opinion of the CourtHibschbeeg, J.

The plaintiffs sue to recover the value of two horses killed, and damage done to a wagon and harness, through a collision at a highway crossing of the defendant’s tracks in the daytime. The tracks run north and south, and the horses were being driven across on the highway from the east. The train which struck them was on the furthest, or south-bound, track. East of the tracks, parallel with and very close to them, was a freight siding, on which a number of cars, filled with broken stone, were standing at the time, and which the plaintiffs’ men were unloading. Eight men were engaged at the…

2Cases cited2 opinions

  1. Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
  2. Haupt v. New York Central & Hudson River RailroadAppellate Terms of the Supreme Court of New York · 1897

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