Nelson v. Lake Shore & Michigan Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lake Shore and Michigan Southern Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 23d day of February, 1918, upon the verdict of a jury for $2,600, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
De Angelis, J.:
The plaintiff had a judgment for damages for personal injuries sustained by him when defendant’s locomotive, drawing a passenger train, collided with him at a city grade crossing owing to the engineer’s alleged negligent management of the locomotive. The grounds of defense were absence of negligence in the management of the locomotive and failure of plaintiff to show freedom from contributory negligence.
One Hatch, who accompanied the plaintiff upon the crossing, was killed. An action brought by Hatch’s widow as administratrix of his estate was tried three times. The first and…
2Cases cited5 opinions
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Foley v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
- Pruey v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1901
- White v. . New York Central and Hudson River Railroad Co.New York Court of Appeals · 1903
- White v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Woloszynowski v. N.Y.C.R.R. Co.New York Court of Appeals · 1930
- Woloszynowski v. New York Central RailroadNew York Court of Appeals · 1930