Keller v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie 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 Erie on the 4th day of February, 1904, upon the verdict of a jury for $9,500, the plaintiff having stipulated that the verdict of $14,000, as originally rendered, be reduced to $9,500, and also from an order entered in said clerk’s office on the 4th day of February, 1904, denying the defendant’s motion for a…
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Appeal by the defendant, the Erie 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 Erie on the 4th day of February, 1904, upon the verdict of a jury for $9,500, the plaintiff having stipulated that the verdict of $14,000, as originally rendered, be reduced to $9,500, and also from an order entered in said clerk’s office on the 4th day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes, on condition that the plaintiff agree to such reduction in the verdict.
1Opinion of the Court
Spring, J.:
The plaintiff’s intestate while returning homeward from his work shortly after five o’clock in the afternoon of March 25, 1902, was struck and killed by an engine running backwards, and drawing a freight train on the defendant’s road. The plaintiff was a mechanic working in Kams’ malt house on Hertel avenue in the city of Buffalo. In this part of the city a large number of men were employed who were in the habit of crossing defendant’s tracks in going to and from their work. Hertel avenue is an easterly and westerly street. It is crossed west of Kams’ malt house by a Y track of the…
2Cases cited3 opinions
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Manley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Zambardi v. South Brooklyn Railway Co.New York Court of Appeals · 1939
- Union Pacific Railroad v. ConnollyNebraska Supreme Court · 1906
- Capitula v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1922