Maue v. . Erie Railroad Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 23, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant was not negligent in maintaining an uncovered crossing at the locality in question.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 23, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant was not negligent in maintaining an uncovered crossing at the locality in question. (Lafflin v. V. & S. R. R. Co., 106 N. Y. 136; Harley v. B. C. Mfg. Co., 142 N. Y. 31; Healy v. B., R. & P. Ry. Co., 111 App. Div. 618; McKenna v. G. W. C. Co., 83 N. E. Rep.…
1Opinion of the CourtWerner, J.
The judgment recovered by the plaintiff cannot be sustained upon the record before us, unless we are prepared to hold that it is negligence per se for a railroad corporation to maintain an uncovered underground, farm crossing, regardless of its location and without reference to the manner in which the tracks are used in the particular vicinity. The plaintiff, a former employee of the defendant, brought this action, under the Employers’ Liability Act, to recover damages for,injuries sustained by him at a place on the defendant’s railroad known as “ Letchworth’s Crossing.” The specific charge…
2Cases cited4 opinions
- Lafflin v. . Buffalo Southwestern R.R. Co.New York Court of Appeals · 1887
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Burns v. Old Sterling Iron & Mining Co.New York Court of Appeals · 1907
3Cited by7 opinions
- De Salvo v. Stanley-Mark-Strand Corp.New York Court of Appeals · 1939
- Maguire v. . BarrettNew York Court of Appeals · 1918
- Baltimore & Ohio Railroad v. KeiserIndiana Court of Appeals · 1911
- Koehler v. Grace Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- King v. DawsonCourt of Appeals of Texas · 1917
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