Barbeau v. Hines
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alexander Barbeau, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 17th day of April, 1920, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order, entered in said clerk’s office on the same day, granting defendant’s motion for a nonsuit and dismissing plaintiff’s complaint, with costs.
1Opinion of the Court
Van Kirk, J.:
The defendant’s railroad at Perry’s Mills, Clinton county, N. Y., runs substantially east and west. A side track extends from the main track and south thereof, in a westerly direction, at an acute angle. This side track of late years has been used for the loading of freight and produce. A roadway extends along and adjacent to the side track on its southerly side and joins at its easterly end a highway which crosses the side track and main track but a few feet west of the junction of the two. The plaintiff had sold baled hay to a buyer and three freight cars had been placed by…
2Cases cited5 opinions
- Matter of CaseNew York Court of Appeals · 1915
- Kettle v. . TurlNew York Court of Appeals · 1900
- Phillips v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Lampman v. N.Y. Central and Hudson River Railroad Co.New York Court of Appeals · 1904
- Lampman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Cole v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1981