Hunt v. Fitchburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Fitchburg Railroad Company, ■ from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 21st day of May, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order bearing date the 19th day of May, 1897, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Fitchburg Railroad Company, ■ from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 21st day of May, 1897, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order bearing date the 19th day of May, 1897, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff’s intestate, a lad of about ten years of age, who was riding with another person and at his invitation, was killed at…
1Opinion of the Court
Parker, P. J.:
The negligence cnarged against the defendant in this action is an omission to give proper signals or warning of the coming train as it approached the crossing, and also that the train was run over such crossing at an improper and dangerous speed.
With reference to the question whether speed over a highway crossing can be so great as to be deemed in itself a negligent act on the part of the railroad company, a distinction seems to have been made between such crossings in a city or village, and those in the open country. It is plain that the rules applicable to crossings in oities…
2Cases cited1 opinion
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
3Cited by6 opinions
- Plough v. Baltimore & O. R. Co.Court of Appeals for the Second Circuit · 1949
- Phelps v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Edna A. Bailey, as Administratrix of the Goods, Chattels and Credits of Arthur Bailey, Deceased v. The Baltimore and Ohio Railroad Company, Leon Metzler v. The Baltimore and Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
- Bailey v. Baltimore & Ohio RailroadCourt of Appeals for the Second Circuit · 1955
- Lagoy v. Director General of RailroadsAppellate Division of the Supreme Court of the State of New York · 1920
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