Quereau v. Lehigh Valley R.
District Court, N.D. New York
At Law. Action by Dora E. Quereau, executrix of Wilson R. Quereau, deceased, against the Lehigh Valley Railroad Company. On motion by defendant to set aside verdict and for new trial.
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At Law. Action by Dora E. Quereau, executrix of Wilson R. Quereau, deceased, against the Lehigh Valley Railroad Company. On motion by defendant to set aside verdict and for new trial. This is a motion made at the.close of the trial to set aside the verdict of the jury, which was reasonable in amount, and grant a new trial on the grounds: (1) That a former judgment of dismissal in the state court in another action between the same parties for the same cause, and on the same facts, substantially, is a bar to this action. (2) That defendant was not guilty of any negligence which was the…
1Opinion of the CourtRay, District Judge
(after stating the facts as above). Wilson R. Quereau was struck and. killed by the engine of defendant’s passenger train on the evening of October 18, 1915, as he was crossing the railroad tracks at Rude street highway crossing and going east, on the borders of the village of Weedsport, Cayuga Co., N. Y., and said train was approaching and entering said village, coming from the south and proceeding in a northeasterly direction on a down grade, and approaching its passenger station in said village at a speed variously estimated by witnesses at from 18 to 50 miles per hour. It was a dark,…
2Cases cited6 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Baltimore & Ohio Railroad v. GriffithSupreme Court of the United States · 1895
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3Cited by1 opinion
- Rebmann v. Delaware, L. & W. R.District Court, W.D. New York · 1921