Legal Opinion
Bailey v. Baltimore & Ohio Railroad
Court of Appeals for the Second Circuit
Decided November 18, 1955No. Nos. 40, 41, Dockets 23651, 23652PublishedCited by 1 opinion
1Opinion of the Court
CLARK, Chief Judge.
These are a wrongful-death action brought by the administratrix of decedent Arthur Bailey and a companion personal-injuries suit brought by Leon Metzler arising out of a grade crossing accident which occurred on September 28,1951, in LeRoy, New York. Originally brought in the New York State Supreme Court, the suits were removed by defendant to the court below, where a trial to the jury resulted in verdicts and judgments for defendant.
The Church Street crossing in LeRoy, where the accident occurred, is unprotected by watchmen, gates, automatic signals, or otherwise, except…
2Cases cited25 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- United States v. GlasserCourt of Appeals for the Seventh Circuit · 1940
- Zwack v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1899
- Weber v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1874
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