Schermerhorn v. New York Central
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jennie Schermerhorn and another, as administratrices, etc., of Minna Schermerhorn, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Herkimer on the 18th day of December, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Herkimer Trial Term before the court and a jury, and also from an order bearing date the 15th day of December, 1897,…
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Appeal by the plaintiffs, Jennie Schermerhorn and another, as administratrices, etc., of Minna Schermerhorn, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Herkimer on the 18th day of December, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Herkimer Trial Term before the court and a jury, and also from an order bearing date the 15th day of December, 1897, and entered in said clerk’s office denying the plaintiffs’ motion for a new trial made upon the minutes. The plaintiffs…
1Opinion of the Court
Adams, J.:
A number of witnesses who were watching the defendant’s train, when it approached the crossing upon the day in question, testified with considerable positiveness that no signal whatever of its approach was given until it had passed the cider mill, and consequently not until it was within about 500 feet of the crossing, when three sharp blasts of the whistle were given to indicate that danger of some kind was likely to be encountered. This omission, it was frankly conceded upon the trial, as it was upon the argument of the appeal, was sufficient evidence of negligence, upon the part…
2Cases cited3 opinions
- Phillips v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1891
- Waldele v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Cosgrove v. New York Central & Hudson River RailroadNew York Court of Appeals · 1881
3Cited by3 opinions
- Chicago, R. I. & P. Ry. Co. v. GilmoreSupreme Court of Oklahoma · 1915
- Skinner v. New York, O. & W. RailroadNew York Supreme Court · 1900
- Vandercook v. Detroit, Grand Rapids & Western RailroadMichigan Supreme Court · 1900