McGettigan v. New York Central Railroad
New York Court of Appeals
The defendant’s sole duty in the premises was to comply with the orders of the Public Service Commission. (Matter of Grade Crossings [N. Y. C. R. R. Co.}, 255 N. Y. 320; Matter of Grade Crossing Elitnination Act \Altamont], 234 App. Div. 129; Matter of International Ry. Co. v. Public Service Comm,., 226 N. Y. 474.) The Legislature by section 53 of the Railroad Law (Cons.
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The defendant’s sole duty in the premises was to comply with the orders of the Public Service Commission. (Matter of Grade Crossings [N. Y. C. R. R. Co.}, 255 N. Y. 320; Matter of Grade Crossing Elitnination Act \Altamont], 234 App. Div. 129; Matter of International Ry. Co. v. Public Service Comm,., 226 N. Y. 474.) The Legislature by section 53 of the Railroad Law (Cons. Laws, ch. 49) did not delegate to the Public Service Commission authority to permit the defendant to obstruct the public highway by erecting and maintaining in the center thereof its flashing highway crossing signal. (Bradley…
1Opinion of the CourtLoughkan, J.
These are actions for negligence. Each of the plaintiffs has a judgment for injuries suffered when an automobile, in which they were riding through rain and darkness, struck the concrete base of a signal apparatus placed by defendant in the center of the highway adjacent to its railroad tracks at a grade crossing in the *69village of Pulaski. The verdicts against defendant must be taken to establish that, although plaintiffs exercised sufficient care to that end, they did not see the obstruction in time to avoid the impact. A signal supervisor of defendant had previously reported to his…
2Cases cited4 opinions
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Hill v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Thompson v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1888
3Cited by6 opinions
- Clawson v. Central Hudson Gas & Electric Corp.New York Court of Appeals · 1948
- Calley v. Boston & Maine RailroadSupreme Court of New Hampshire · 1945
- Schneider v. United StatesDistrict Court, E.D. New York · 1960
- Calley v. Boston & Maine RailroadSupreme Court of New Hampshire · 1943
- Cmuk v. Lehigh Valley R.Court of Appeals for the Second Circuit · 1941
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