Beisiegel v. . New York Central Railroad
New York Court of Appeals
Appeal from judgment of General Term, affirming order of nonsuit at circuit. The plaintiff sued the railroad company for damages for negligently running a steam engine against him while crossing the track on St. Joseph street, in the city of Rochester." The evidence shows that the plaintiff was passing on the east side of South St. Joseph street, from north to south,'when he saw a long train coming up from the west, and he waited until it had passed.
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Appeal from judgment of General Term, affirming order of nonsuit at circuit. The plaintiff sued the railroad company for damages for negligently running a steam engine against him while crossing the track on St. Joseph street, in the city of Rochester." The evidence shows that the plaintiff was passing on the east side of South St. Joseph street, from north to south,'when he saw a long train coming up from the west, and he waited until it had passed. He stood on the second track on the sidewalk. There were live tracks, and the two north tracks were filled with empty cars, ten or twelve in…
1Opinion of the Court
Upon the undisputed facts of the case, the plaintiff could have avoided the accident, by exercising a little more precaution before he stepped on to the third track. If the freight cars had not intercepted his vision, he must have seen the engine approaching from the east in time to have avoided the collision.
It is said that common prudence required him to put himself in a position to see whether there was a train coming from the east on the third track before he attempted to cross it. The evidence, however, tended to show that the railroad company was guilty of great negligence in backing…
2Cases cited5 opinions
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
- Wilds v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Sheffield & Herrender v. Rochester & Syracuse Rail RoadNew York Supreme Court · 1856
3Cited by27 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Mynning v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1887
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
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