Tingley v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Addie B. Tingley, as executrix, etc., of Hilbert B. Tingley, 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 29th day of April, 1904, upon the verdict nf a jury,, and also from an order entered in said-clerk’s office on the 1st day of June, 1904, denying the plaintiff’s motion for a new- trial made upon the minutes. . .
1Opinion of the Court
Woodward, J.:
The plaintiff’s husband, Dr. Hilbert B. Tingley, while endeavoring to cross, in front of, or while attempting to board, one of the defendant’s trains, running west' at Holland’s Station in the- county Of Queens, on the afternoon of January 14, 1903, was struck by the' train and almost instantly killed. Upon the trial' of the action brought under the statute (Cede Civ. Proc.,, § 1902. et seq.). to recover damages for wrongfully -causing his death,' the jury rendered a verdict for the defendant. •
At Holland’s Station the defendant’s railroad tracks extend east and west,, the…
2Cases cited5 opinions
- Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- MacKay v. . New York Central RailroadNew York Court of Appeals · 1866
- June v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1891
- Smith v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
- Cranch v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Denver & Rio Grande Railroad v. FredericSupreme Court of Colorado · 1914