Miller v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
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
- Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
- Dolan v. . Delaware and Hudson Canal Co.New York Court of Appeals · 1877
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Cassidy v. . Fonda, Johnstown and Gloversville Rd. Co.New York Court of Appeals · 1922
- 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
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Schrader v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1930
- Wadsworth v. Delaware, Lackawanna & Western River RailroadNew York Court of Appeals · 1947
- Proefrock v. DenneyAppellate Division of the Supreme Court of the State of New York · 1939
- 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.