Cosgrove v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 15, 1879, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for the alleged negligent killing of John Cosgrove, plaintiff’s intestate, who was killed by a collision at a crossing on defendant’s road. The material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 15, 1879, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover damages for the alleged negligent killing of John Cosgrove, plaintiff’s intestate, who was killed by a collision at a crossing on defendant’s road. The material facts are set forth in the opinion. The evidence in the case authorizes a recovery by plaintiff, on the ground that there was no negligence on the part of Cosgrove…
1Opinion of the Court
Andrews, Ch. J.
The negligence imputed to the defendant was the omission to ring the hell or sound the whistle, as required by statute (Laws 1854, chap. 282, § 1). The evidence on this point was conflicting, and presented a question for the jury.- The nonsuit is sought to be sustained on the ground that the accident was caused by the horse becoming unmanageable and getting beyond the control of the driver, and rushing in front of the engine, and that the omission of the statutory signals did not cause, or contribute to, the casualty.
The railroad, at the point of the accident, rims north and…
2Cited by7 opinions
- Morier v. HinesSupreme Court of New Hampshire · 1923
- Sanborn v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1892
- Schermerhorn v. New York CentralAppellate Division of the Supreme Court of the State of New York · 1898
- Miller v. New York Cent. & H. R. R.New York Supreme Court · 1894
- Getman v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1900
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