Legal Opinion

Haupt v. New York Central & Hudson River Railroad

Appellate Terms of the Supreme Court of New York

Decided May 15, 1897PublishedCited by 4 opinions

Appeal from affirmance by the General Term of the City Court of Hew York of a judgment rendered at Trial Term for the dismissal of the complaint.

1Opinion of the CourtBischoff, J.

This was an action for negligence, and at the. close of the plaintiff’s evidence the complaint was dismissed for insufficiency of proof that .the plaintiff was not chargeable with negligence contributing to his injury, the facts having been made to appear substantially as follows:

The defendant, maintains four tracks for the operation of its railroad, west of Twelfth avenue, at a point where they are intersected at right angles by One Hundred and Thirty-fourth street, a public crossing. The tracks run north and south and, as approached from the east, the first is used'for storing empty cars>…

2Cases cited4 opinions

  1. Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
  2. Parsons v. New York Central & Hudson River RailroadNew York Court of Appeals · 1889
  3. Harris v. . PerryNew York Court of Appeals · 1882
  4. Waldele v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by4 opinions

  1. Kirby v. Southern Pacific Co.Oregon Supreme Court · 1923
  2. Branch v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  3. Ralli v. WhiteCity of New York Municipal Court · 1897
  4. Van Nostrand v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1900

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