Collins v. New York, C. & St. L. Railroad
New York Supreme Court
Appeal from circuit court, Erie county. Action by Winifred Collins, executrix of the will of Lawrence - Collins, deceased, against the New York, Chicago & St. Louis Railroad Company, to recover damages for the killing of plaintiff's testator. From a judgment in favor of defendant, entered on a non-suit, plaintiff appeals.
1Opinion of the CourtLewis, J.
The plaintiff’s testator, Lawrence Collins, whilé attempting to cross a railroad track of the Lake Shore & Michigan Southern Railroad Company, on Seymour street, in the city of Buffalo, was struck and killed by one of the defendant’s trains of cars passing across Seymour street upon the track of the Lake Shore Company. The plaintiff, as executrix, brought this action to recover the damages sustained by the next of kin, by the death of the testator. The death was concededly caused by the negligence of the defendant, which consisted in its train of cars being run at from 25 to 30 miles an hour,…
2Cases cited3 opinions
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- McGrath v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Cullen v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
3Cited by2 opinions
- Harris v. Lincoln Traction Co.Nebraska Supreme Court · 1907
- Burns v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897