Shaw v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, as lessee of the Boston and Albany Rail-toad, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 27th day of October, 1902, upon the verdict of a jury for $4,000, •and also from an order entered in said clerk’s office on the 24th •day of October, 1902, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, as lessee of the Boston and Albany Rail-toad, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 27th day of October, 1902, upon the verdict of a jury for $4,000, •and also from an order entered in said clerk’s office on the 24th •day of October, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ohase, J.:
The plaintiff’s intestate was killed in a collision at a railroad crossing in the village of Chatham. This action is brought by her .administrator to recover damages for the benefit of her next, of kin by reason of the alleged fact that her death was caused by the wrongful act, neglect or default of the defendant.
At the time of the collision the defendant’s train was running at a speed of between twenty-five and forty miles per hour. The question of the defendant’s negligencé and of the intestate’s contributory negligence were the two important questions litigated on the trial:…
2Cited by5 opinions
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- People v. Averill, New York County Courts1925
- Town of Clarendon v. Jary, New York County Courts1964
- Woodruff v. DeshazoCourt of Appeals of Texas · 1915