Miles v. Fonda, J. & G. Railroad
New York Supreme Court
Appeal from circuit court, Montgomery county. Action by Clarissa Miles against the Fonda, Johnstown & Gloversville Railroad Company for injuries from a collision. From ,a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for á new trial, defendant appeals.
1Opinion of the CourtStover, J.
The circumstances under which this accident occurred have been heretofore reviewed by this court in the case of *730Shires v. Railroad Co., reported in 80 Hun, 92, 30 N. Y. Supp. 175. In the case cited the action was brought by the driver and the owner of the vehicle. This action is brought by a passenger. I think the evidence in this case shows a different state of facts than those appearing in the Shires Case. In this case four witnesses have testified that they were listening; that no bell was rung, whistle blown, or signal given as defendant’s train approached the crossing. Other witnesses…
2Cases cited3 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
- Shires v. Fonda, J. & G. R.New York Supreme Court · 1894
3Cited by1 opinion
- Albrecht v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900