Dyer v. . Erie Railway Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff entered upon an order denying a motion for a new trial and directing judgment on a verdict. This action was brought to recover damages for injuries alleged to have been sustained through defendant’s negligence. The facts appear sufficiently in the opinion. Whether the signal given was sufficient was a question of law.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff entered upon an order denying a motion for a new trial and directing judgment on a verdict. This action was brought to recover damages for injuries alleged to have been sustained through defendant’s negligence. The facts appear sufficiently in the opinion. Whether the signal given was sufficient was a question of law. (Bradley v. B. & M. R. Co., 2 Cush., 539; Shaw v. B. & W. R. Co., 8 Gray, 45; McGrath v. N. Y. C. & H. R. R. R. Co., 1 N. Y. Supr. Ct. R, 243; Ernst v. N. Y.…
1Opinion of the CourtMiller, J.
The plaintiff received the injuries complained of while crossing defendant’s track in a public thoroughfare, in the village of Salamanca. At the time, he was riding by the permission and invitation of one Stimpson, the owner of the horses and wagon driven. A sinL1e board was placed upon the wagon, between the forward ana vmd wheels, Stimpson being near the forward end driving, and the plaintiff near the back end. There was evidence showing that there were buildings near the track which intercepted the view of it, and prevented the plaintiff or Stimpson from seeing a train which had been…
2Cases cited5 opinions
- Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Chapman v. . New Haven Railroad CompanyNew York Court of Appeals · 1859
- Robinson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Twomley v. . C.P.N. and E.R.R.R. Co.New York Court of Appeals · 1877
3Cited by92 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
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