Legal Opinion

Cox v. Delaware & Hudson Co.

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

Decided October 2, 1908Published

Appeal by the plaintiff, Mary A. Cox, as administratrix, etc., from so much of a judgment of, the Supreme Court, entered in the office of the clerk, of the county of Rensselaer on the-loth day of-October, 1906, as dismisses the complaint by direction of the court as to the defendant United Traction Company, after a trial at the Rensselaer Trial Term. • ’ “ Also an appeal by the defendant, The Delaware and Hudson Company, from that part of the said judgment which is in favor…

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Appeal by the plaintiff, Mary A. Cox, as administratrix, etc., from so much of a judgment of, the Supreme Court, entered in the office of the clerk, of the county of Rensselaer on the-loth day of-October, 1906, as dismisses the complaint by direction of the court as to the defendant United Traction Company, after a trial at the Rensselaer Trial Term. • ’ “ Also an appeal by the defendant, The Delaware and Hudson Company, from that part of the said judgment which is in favor of the plaintiff and against said defendant for $14,560, entered upon the verdict of a jury, and also from an -order…

1Opinion of the Court

Cochrane, J. :

This is.an action to recover damages for the negligent killing of the plaintiff’s intestate. The defendant, the Delaware and Hudson Company, operates a steam railroad extending northerly and souths erly through the village of Green Island. Its tracks, five in number, are crossed in that village at right angles- and at grade by a single track of the defendant United Traction Company, which operates an electric street surface railroad. Sevepty-fonr feet westerly of this crossing is another crossing, but that seems to have no bearing on the questions involved herein. Deceased was a…

2Cases cited1 opinion

  1. Connolly v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898

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