DiCaprio v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Tony DiCaprio, as administrator, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 15th day of March, 1919, upon a dismissal of the complaint at the close of plaintiff’s case, and also from the order directing a nonsuit.
1Opinion of the Court
John M. Kellogg, P. J.:
The defendant’s four-track road, -with three side tracks, runs through the plaintiff’s farm on which were kept horses *280and cows. There was no fence between the track and the plaintiff’s house. The house was about seventy feet distant from the nearest rail. The ground between the house and the track was substantially level at the place in question. The plaintiff’s family consisted of himself, wife and four children. Another family in the house had seven children. Upon the day of the intestate’s death he was under observation by his family, but in some manner he slipped…
2Cases cited8 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Donnegan v. . ErhardtNew York Court of Appeals · 1890
- Fluker v. . Ziegele Brewing Co.New York Court of Appeals · 1911
- Jimerson v. . Erie R.R. Co.New York Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.