Legal Opinion

Miller v. New York Central Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1929PublishedCited by 19 opinions

1Opinion of the CourtVan Kirk, P. J.

Plaintiff has a judgment in a negligence

action. Defendant asks a reversal solely upon the ground of contributory negligence. As to all disputed facts we take plaintiff’s version.

While driving over a grade crossing of defendant’s tracks plaintiff’s automobile and a train came into collision; plaintiff received serious injuries. The time was about seven a. m., of a clear, bright June day. The plaintiff was driving easterly on a private road; the train came from the south. The private road leads from a highway west of the crossing to a manufacturing plant a half mile east thereof. When about 125…

2Cases cited9 opinions

  1. Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
  2. Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
  3. Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
  4. Cassidy v. . Fonda, Johnstown and Gloversville Rd. Co.New York Court of Appeals · 1922
  5. Cassidy v. Fonda, Johnstown & Gloversville RailroadAppellate Division of the Supreme Court of the State of New York · 1922

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
  2. Schrader v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1930
  3. Wadsworth v. Delaware, Lackawanna & Western River RailroadNew York Court of Appeals · 1947
  4. Proefrock v. DenneyAppellate Division of the Supreme Court of the State of New York · 1939
  5. Brown v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1931

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API