Finn v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Delaware, Lackawanna and .Western. Railroad Company, from an order of the Supreme Court, made at the Oswego Special Term and entered in the office of the clerk of the county of Oswego on the 26th day of September, 1898, granting the plaintiff’s motion for a new trial -made upon the minutes.
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Appeal by the defendant, The Delaware, Lackawanna and .Western. Railroad Company, from an order of the Supreme Court, made at the Oswego Special Term and entered in the office of the clerk of the county of Oswego on the 26th day of September, 1898, granting the plaintiff’s motion for a new trial -made upon the minutes. On the ISth day of October, 1893, at about half-past ten o’clock in the forenoon, the plaintiff, who was then a child but a little more than six years of age, was struck by one of the defendant’s locomotives, and her left foot was injured to such an extent that it subsequently…
1Opinion of the Court
Adams, J.:
The evidence upon the part of the plaintiff tends to prove that the defendant’s locomotive was passing through a narrow street in a populous portion of the city where children were in the habit of congregating in front of their homes, without giving.any signal of its approach, and without any precaution whatever being taken to avoid just such accidents as the one which occurred upon the occasion in question. This certainly was. gross negligence, and it was so clearly established that no attempt was made upon the argument to deny it. On the contrary, the learned counsel for the-…
2Cases cited4 opinions
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Penny v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Chrystal v. . T. B.R.R. Co.New York Court of Appeals · 1891
3Cited by3 opinions
- Petrie v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Lampman v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Lampman v. New York Central &. Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902