Branch v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Calvin Gr. Branch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Niagara on the 28th day of September, .1898, upon a dismissal of the complaint, by direction of the court, after a trial at the Niagara Trial Term.
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Appeal by the plaintiff, Calvin Gr. Branch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Niagara on the 28th day of September, .1898, upon a dismissal of the complaint, by direction of the court, after a trial at the Niagara Trial Term. The plaintiff was hit by one of defendant’s passenger trains at the crossing in Lincoln avenue in the city of North Tonawanda, and sustained injuries, which he makes the basis of his cause of action. Lincoln avenue, in the city of North Tonawanda, runs in a northerly direction and is…
1Opinion of the Court
Spring, J.:
On the 3d day of May, 1897, plaintiff came in contact with an easterly-bound passenger train, at the Lincoln avenue crossing, and sustained injuries for which he is now seeking to recover. It was about eleven-thirty in the forenoon, and plaintiff was peddling milk, *437riding in a closed conveyance. The milk wagon wras of common construction, such as are used in cities, with windows on the side open, but small. The plaintiff had been engaged in peddling milk for seven or eight days, and passed over this crossing each day during that time. He testified, however, that he was unacquainted…
2Cases cited9 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Chisholm v. . StateNew York Court of Appeals · 1894
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Seeley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Lortz v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by3 opinions
- Schuster v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Branch v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Swart v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903