Legal Opinion
Wadsworth v. Delaware, Lackawanna & Western River Railroad
New York Court of Appeals
Decided February 27, 1947PublishedCited by 21 opinions
1Opinion of the CourtLewis, J.
The plaintiff’s intestate, a truck driver, met his death in a railroad grade crossing accident which occurred near the village of Bath, New York, at a point where the defendant’s right of way passes over a country road known as “Avenue A ”. At Trial Term the plaintiff had a judgment which has been affirmed at the Appellate Division, one Justice dissenting.
Upon this appeal by the defendant our inquiry is two-fold — (a) Was the evidence sufficient to justify the Trial Justice in submitting to the jury the question of defendant’s negligence? (b) Did, the defendant assume the statutory burden…
2Cases cited10 opinions
- Schrader v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1930
- Crough v. New York Central R.R. Co.New York Court of Appeals · 1932
- Chamberlain v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1924
- Avery v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1912
- Miller v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1929
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gair v. PeckNew York Court of Appeals · 1959
- Rossman v. La GregaNew York Court of Appeals · 1971
- Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
- Delaney v. Town of OrangetownAppellate Division of the Supreme Court of the State of New York · 1974
- Beechey v. De SorboAppellate Division of the Supreme Court of the State of New York · 1976
16 more not listed; retrieve them via the Exa API.