Hickey v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hew York Central and Hudson Eiver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 16th day of January, 1914, upon the verdict of a jury for $6,500, as modified on resettlement by an order entered in said clerk’s office on the 29th day of January, 1914. Also an appeal by the defendant from the order entered in said clerk’s office on the 29th day of…
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Appeal by the defendant, The Hew York Central and Hudson Eiver Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 16th day of January, 1914, upon the verdict of a jury for $6,500, as modified on resettlement by an order entered in said clerk’s office on the 29th day of January, 1914. Also an appeal by the defendant from the order entered in said clerk’s office on the 29th day of January, 1914, denying its motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The plaintiff’s intestate was a fireman in the defendant’s employ. He was killed on October 21, 1904, in a head-on collision at Geneva, in this State, through no fault of his, and the question is whether the defendant was at fault.
His train was north bound. It collided with a train south hound. Just north of the point of collision the railroad is dom ble tracked. The south-bound train should have stopped north of where the double tracks converge into a single track and let the north-bound train pass. But it went by that point onto the single track and the collision occurred.
The…
2Cases cited2 opinions
- Ruleff v. New York Central and Hudson River Rail. Co.New York Court of Appeals · 1908
- Larsen v. Lackawanna Steel Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Hickey v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1917