Cassidy v. Fonda, Johnstown & Gloversville Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fonda, Johnstown and Gloversville Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 27th day of September, 1921, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 28th day of September, 1921, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
H. T. Kellogg, J.:
This is an action in negligence involving a collision between an automobile truck and an electric surface railroad car of the defendant. The plaintiff has had a verdict for the death of the driver of the truck which was occasioned by the collision.
In the vicinity of the place where the accident occurred a public highway stretches easterly and westerly. Closely paralleling this highway to the south are first the west-bound and then the eastbound tracks of the defendant railroad. Again, to the south, paralleling these tracks, are first a side track of the defendant and then…
2Cited by15 opinions
- Miller v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1929
- Delaware & Hudson Co. v. NahasCourt of Appeals for the Third Circuit · 1926
- McCowan v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1931
- Brinkerhoff v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1935
- Kulp Transportation Lines, Inc. v. Erie RailroadNew York City Court · 1928
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