Legal Opinion

Wilds v. . the Hudson River Railroad Company

New York Court of Appeals

Decided June 5, 1862PublishedCited by 51 opinions

Action under the statute for causing the death of the plaintiff’s intestate by the negligence of the defendant in running a train of cars in the city of Troy. It appeared, upon the trial at the Eensselaer Circuit, that Wilds, the deceased, was a farmer residing about twelve miles ■ from Troy. He received the injury from which he died while crossing the defendant’s road, which has two tracks, at its intersection with Fourth street.

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Action under the statute for causing the death of the plaintiff’s intestate by the negligence of the defendant in running a train of cars in the city of Troy. It appeared, upon the trial at the Eensselaer Circuit, that Wilds, the deceased, was a farmer residing about twelve miles ■ from Troy. He received the injury from which he died while crossing the defendant’s road, which has two tracks, at its intersection with Fourth street. Both parties gave evidence -tending to show negligence in the other. The evidence and the questions arising upon the trial are sufficiently stated in the following…

1Opinion of the CourtGould, J.

This case comes before us on two appeals. One from an order of the general term of the Supreme Court, affirming an order of the special term which denied the defendant’s motion for a new trial, made on the minutes of the. judge who tried the cause; that appeal bringing the case up as if on a case made. The other appeal is from the judgment of the Supreme Court, affirming the judgment rendered at the Circuit on a verdict; this appeal bringing before us the exceptions taken by the defendant to different parts of the charge to the jury, and also the exceptions taken to the denial of the…

2Cases cited2 opinions

  1. Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
  2. Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858

3Cited by51 opinions

  1. Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
  2. Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
  3. Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
  4. Meyer v. HouckSupreme Court of Iowa · 1892
  5. Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904

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