Case v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Bockland county. Action by Thomas W. Case against the New York Central & Hudson River Railroad Company to recover damages for injuries to plaintiff’s horse and wagon, received while attempting to cross defendant’s tracks on a highway. From a judgment entered on a verdict in favor of plaintiff for $313.52, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtDykman, J.
Upon the trial of this action the counsel for the defendant requested the court to charge the jury that the defendant owed no duty to station a flagman, or maintain gates or a light, at the highway crossing, and negligence cannot be predicated of the omission; and in reply to that request the court said: “1 will leave that to the jury.” The defendant excepted. Plaintiff’s Counsel: “I ask the court to charge the jury that they may find negligence from the absence of a light or gate or flagman, or some warning.” The Court: “I have submitted that question as a matter of fact to the jury. If the…
2Cases cited3 opinions
- Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Cumming v. . Brooklyn City Railroad CompanyNew York Court of Appeals · 1887
3Cited by3 opinions
- Cohn v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- McKelvey v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1937
- Caldwell v. Southern Railway Co.Supreme Court of North Carolina · 1940