Beecher v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna M. Beecher, as sole executrix, etc., of Charles L. C. Beecher, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 2oth day of October, 1897, upon the dismissal of her complaint by direction of the court after a trial at the Queens County Trial Term.
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Appeal by the plaintiff, Anna M. Beecher, as sole executrix, etc., of Charles L. C. Beecher, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 2oth day of October, 1897, upon the dismissal of her complaint by direction of the court after a trial at the Queens County Trial Term. The action was brought to recover damages for the death of the plaintiff’s intestate, who, while proceeding to board a train at the defendant’s station, in the village of Jamaica, was struck and killed by the train which he…
1Opinion of the Court
Hatch, J.:
This case upon its facts presents the single question whether the deceased, in the exercise of reasonable care, was bound to take some measure of precaution, by looking and listening before he attempted to cross the track, upon the walk which carried him to the platform where he usually took the train that ran him down; or whether he might rely upon an assurance of safety, by reason of the conditions which the defendant had created and which had uniformly been acted upon prior to the accident.
The evidence warranted the jury in drawing an inference that the defendant was guilty of…
2Cases cited3 opinions
- Terry v. . JewettNew York Court of Appeals · 1879
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Warfield v. New York, Lake Erie & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Beecher v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Smith v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Zingrebe v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Cranch v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Lamb v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
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