Reynolds v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, upon the verdict of a jury, and from an order denying a new trial. The action was brought to recover damages for the death of Austin Reynolds, a boy twelve years and three months old, who was run over and killed by a train of cars on defendant’s road, at what is known as Cram’s crossing, a highway crossing about two miles east of the city of Schenectady.
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Appeal from a judgment in favor of the plaintiff, upon the verdict of a jury, and from an order denying a new trial. The action was brought to recover damages for the death of Austin Reynolds, a boy twelve years and three months old, who was run over and killed by a train of cars on defendant’s road, at what is known as Cram’s crossing, a highway crossing about two miles east of the city of Schenectady. The accident happened December 13,1872. At that time deceased was attending school near the crossing, and had to cross the railroad in going and coming between the school-house and his home,…
1Opinion of the CourtBoardman, J.
Ho exceptions are taken to the charge of the judge or to the admission or rejection of evidence.
The only reasons urged for granting a new trial are:
1st. That-plaintiff should have been nonsuited because no negligence was shown on the part of the defendant.
2d. That'upon the evidence plaintiff’s intestate was guilty of contributory negligence whereby the injury occurred.
Upon the first proposition there was conflicting evidence in relation to the ringing of the bells by defendant’s servants that could only be decided by the jury.
Upon the second proposition no positive evidence is given upon…
2Cases cited4 opinions
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
- Honegsberger v. Second Avenue RailroadNew York Court of Appeals · 1864
- Haight v. New York Central RailroadNew York Supreme Court · 1872
- Dickens v. New York Central RailroadNew York Court of Appeals · 1864