Legal Opinion

Bell v. New York Central & Hudson River Railroad

New York Supreme Court

Decided April 15, 1883Published

Appeal from a judgment in favor of the defendant, entered upon a nonsuit directed at the circuit, and from an order made at a Special Term denying a motion for a new trial.

1Opinion of the Court

Barker, J.:

Charles Bell, the plaintiff’s husband, was killed in the city of Syracuse in May, 1881, in consequence of a collision with a train of the defendant’s cars while the same was moving through Washington street.

This action is brought under the statute, the plaintiff claiming that the accident was caused by reason of the negligence of the defendant’s engineer in charge of the engine.

The facts and circumstances upon which the question of the defendant’s negligence is to be determined are in no real dispute, and are substantially as follows: Washington street, at tjie place where the…

2Cases cited5 opinions

  1. Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
  2. Worster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
  3. Weber v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
  4. Wasmer v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
  5. Fash v. Third Avenue RailroadNew York Court of Common Pleas · 1861

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