Sipowicz v. Lehigh Valley Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal in each action by the defendant, Lehigh Valley Railroad Company, from judgments of the Supreme Court, one in each action, in favor of the plaintiffs; entered in the office of the clerk of the county of Erie on the 21st day of February, 1919, upon the verdict of a jury for $11,000 in the first action and $2,000 in the second action, and also from orders entered in said clerk's office on the 18th day of April, 1919, denying defendant’s motion for a new trial in each…
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Appeal in each action by the defendant, Lehigh Valley Railroad Company, from judgments of the Supreme Court, one in each action, in favor of the plaintiffs; entered in the office of the clerk of the county of Erie on the 21st day of February, 1919, upon the verdict of a jury for $11,000 in the first action and $2,000 in the second action, and also from orders entered in said clerk's office on the 18th day of April, 1919, denying defendant’s motion for a new trial in each action made upon the minutes. The cases were tried together pursuant to the stipulation of the parties.
1Opinion of the Court
Lambert, J.:
These actions are in negligence to recover for injuries sustained by collision with one of defendant’s trains at the William street crossing, just outside of the city of Buffalo. *717William street runs approximately easterly and westerly and the Lehigh tracks northeasterly and southwesterly. Four tracks cross the highway. Going out from Buffalo, the tracks swing easterly after crossing William street.
The plaintiff in action No. 1 was eight years old and was riding in a horse-drawn buggy driven by his brother who was twelve years old. They were driving on William street and destined…
2Cases cited5 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Foley v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
- Hintze v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Petrie v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Petrie v. New York Central and Hudson River Rail. Co.New York Court of Appeals · 1902
3Cited by3 opinions
- Baker v. Lehigh Valley R.R. Co.New York Court of Appeals · 1928
- Knight v. Baltimore & O. R.District Court, W.D. New York · 1948
- Knight v. Baltimore & O. R.District Court, W.D. New York · 1948