Legal Opinion

McAuliffe v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1903Published

Appeal from Trial Term, Onondago County. Action by Matthew D. McAuliffe against the New York Central & Hudson River Railroad Company. From a judgment in favor of plaintiff, defendant appeals. Reversed.

1Opinion of the CourtSpring, J.

The plaintiff, a man 29 years of age, while crossing Washington street at its intersection with Walnut street, in the city of Syracuse, on the evening of February 6, 1902, was struck and injured by a west-bound passenger train on the defendant’s road. Two of the defendant’s parallel tracks pass along Washington street, and their course for some distance is substantially east and west, and they cross Walnut street at grade. Plaintiff was familiar with this crossing, and at the time of the accident was employed in a saloon at the northeast corner of Washington and Walnut streets. About half…

2Cases cited3 opinions

  1. Daniels v. Staten Island Rapid Transit Co.New York Court of Appeals · 1891
  2. Fiddler v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
  3. Swart v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API