Remer v. Long Island Railroad
New York Supreme Court
Appeal from circuit court, Kings county; Edgar M. Cullen, Justice. Action by Mary C. Remer, as administrator of her deceased husband, Thomas 0. Remer, against the Long Island Railroad Company, for the negligent killing of plaintiff’s intestate. Judgment for plaintiff, and defendant appeals.
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Appeal from circuit court, Kings county; Edgar M. Cullen, Justice. Action by Mary C. Remer, as administrator of her deceased husband, Thomas 0. Remer, against the Long Island Railroad Company, for the negligent killing of plaintiff’s intestate. Judgment for plaintiff, and defendant appeals. The question referred to at folio 112 was as follows: “Do you mean to say that, with 18 inches of earth on the sides outside the rails, with a sloping bank on each side, and with an engine behind you, you could not get down ? Plaintiff’s Attorney. He says he could not. That is a fair answer. I object.…
1Opinion of the CourtPratt, J.
This is an appeal by defendant from a judgment and order denying a new trial. The action was brought, under the statute, for alleged negligent killing of plaintiff’s husband, Thomas A. Remer. It appeared that on the 19th day of November, 1882, the plaintiff and her husband visited a certain place in Kings county near the line of defendant’s railroad, to witness a game of base-ball. It was, and had been for many years, the custom of persons going to and coming from the ball-ground, and other places about there, to walk along a portion of defendant’s track where Mr. and Mrs. Remer walked that…
2Cited by8 opinions
- Magar v. . HammondNew York Court of Appeals · 1906
- McCarthy v. New York, N. H. & H. R.Court of Appeals for the Second Circuit · 1917
- Weiler v. Manhattan Railway Co.New York Supreme Court · 1889
- Atwater v. Town of VeteranNew York Supreme Court · 1889
- Fay v. Town of LindleyNew York Supreme Court · 1890
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