Baesens v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Central Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 13th day of October, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of October, 1921, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hinman, J.:
This action was brought to recover for damage to plaintiff’s automobile which at seven-thirty-four p. m., on the 16th day of January, 1921, while driven by plaintiff’s chauffeur and carrying two passengers for hire, came into collision with a west-bound passenger train of the defendant on a grade crossing at Carman in Schenectady county. The complaint charged that the crossing gates were left in an upright position as the automobile approached “ and thereupon the defendant, having the said bars in an upright position, notified him that he could cross the said railroad tracks in the…
2Cases cited4 opinions
- Bleecker v. . JohnstonNew York Court of Appeals · 1877
- Perlman v. ShanckAppellate Division of the Supreme Court of the State of New York · 1920
- Avery v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1912
- Matutinovich v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by3 opinions
- Hardin v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1923
- Schenker v. BourneAppellate Division of the Supreme Court of the State of New York · 1951
- Fia v. KreisAppellate Division of the Supreme Court of the State of New York · 1935