McCall v. . New York Central Railroad Company
New York Court of Appeals
This was an action to recover damages for injuries received by plaintiff by being thrown from a carriage, which was struck by an engine, at a highway crossing on defendant’s road, near Suspension Bridge. Defendant had no sign at the crossing, and the evidence tended to show that no bell was rung or whistle blown. The only question on appeal was as to contributory negligence. Plaintiff’s intestate was riding in a covered carriage with another person, who was driving.
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This was an action to recover damages for injuries received by plaintiff by being thrown from a carriage, which was struck by an engine, at a highway crossing on defendant’s road, near Suspension Bridge. Defendant had no sign at the crossing, and the evidence tended to show that no bell was rung or whistle blown. The only question on appeal was as to contributory negligence. Plaintiff’s intestate was riding in a covered carriage with another person, who was driving. At the place of collision the track crosses the road at an acute angle; the train and carriage were going in the same direction…
1Opinion of the Court
Lott, Ch. C.,
reads for reversal and new trial.
Eabl, C.,
for affirmance.
All concur for reversal, except Earl, C., dissenting; Johnson, C., not sitting.
Judgment reversed; decision to be entered as of date anterior to death of original plaintiff.
2Cited by8 opinions
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Haines v. Illinois Central R.Supreme Court of Iowa · 1875
- Pennsylvania Railroad v. RighterSupreme Court of New Jersey · 1880
- Bradley v. Second Avenue RailroadNew York Court of Common Pleas · 1879
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