Wieland, V. President of Delaware & H. Canal Co.
Appellate Division of the Supreme Court of the State of New York
Action by Catharine Fisher Wieland, as administratrix, etc., against the president, managers, and company of the Delaware & Hudson Canal Company. From a judgment entered upon a nonsuit, and an order denying a motion for a new trial, plaintiff appeals.
1DissentParker, P. J.
The highway at Rockefeller crossing, in the county of Albany, runs nearly north and south, and there crosses the defendant’s railroad track, which runs nearly east and west; there being a cut and something of a curve to the west of such crossing, and the railroad there being but a single track. The plaintiff’s intestate, while going from the north to the south, in an open milk wagon drawn by one horse, was struck upon this crossing by one of defendant’s engines coming from the west, and was killed. This action is brought by his widow and administratrix to recover damages against defendant for…
2Cases cited6 opinions
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Andrews v. . BrewsterNew York Court of Appeals · 1891
- Wieland v. President of Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1898
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