Wieland v. President of Delaware & H. Canal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Action by Catherine Fisher Wieland, as administratrix, etc., against the President, Managers & Company of the Delaware & Hudson Canal Company. From a judgment entered upon a non-suit, and an order denying a motion for a new trial, plaintiff appeals.
1Opinion of the CourtMerwin, J.
This action was brought to recover damages for the death of the plaintiff’s husband, occasioned by a collision with a train of defendant at the Rockefeller highway crossing, near the village of Nonnansville. There were no eyewitnesses of the accident. At the close of the evidence on the part of the plaintiff, the court granted a nonsuit, upon the ground that the evidence was not sufficient to carry to the jury the question of contributory negligence. The accident was on the 30th August, 1895, about midday. The highway runs nearly north and south, and the railroad track crosses it nearly at…
2Cases cited8 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1885
- Chisholm v. . StateNew York Court of Appeals · 1894
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chicago, Lake Shore & South Bend Railway Co. v. DaunIndiana Court of Appeals · 1913
- Brown v. New York Cent. & H. R. R.Appellate Division of the Supreme Court of the State of New York · 1903
- McSorley v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Wieland, V. President of Delaware & H. Canal Co.Appellate Division of the Supreme Court of the State of New York · 1899