Gombert v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in admitting testimony of the plaintiff’s profits in the contracting and building business and in permitting the jury to consider the same in measuring the damages arising from loss of time and diminution of earning power. (Masterton v. Vil. of Mt.…
1Opinion of the CourtWerner, J.
In the city of Mortli Tonawanda there is a highway known as Wheatfield street, which runs substantially east and west, and crosses at grade the tracks of the Mew York Central and Hudson River Railroad Company, which run practically north and south. The Lehigh Valley railroad uses these tracks in its traffic between Buffalo and Miagara Falls. On the 2d day of October, 1905, the plaintiff was driving across these tracks on Wheatfield street, and collided with a south-bound Lehigh Valley train. The crossing was equipped with gates operated by compressed air from a tower maintained by the Mew…
2Cases cited6 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Kronold v. . City of New YorkNew York Court of Appeals · 1906
- Weir v. Union Railway Co.New York Court of Appeals · 1907
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3Cited by4 opinions
- Reichman v. Warehouse One, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Veeco Instruments, Inc. v. CandidoNew York Supreme Court · 1972
- Rosenthal v. HarkerUtah Supreme Court · 1920
- Coleman v. MyersAppellate Division of the Supreme Court of the State of New York · 1968