Woodworth v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the ¡ilaintiff, entered in the office of the clerk of the county of Westchester on the 23d day of January, 1900, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 28th day of December, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff’s husband was killed upon a public highway while crossing the defendant’s tracks at Montrose Station On the night of December 24, 1896, by an express train from the south, which came upon him around an abrupt curve just below the highway and without a signal from bell or whistle or any other warning. The fact of the defendant’s negligence was scarcely in dispute. The defendant offered no evidence. All.the witnesses whose attention was directed to the subject testified that the whistle was not blown or the bell rung, and the engineer in charge of the engine at the…
2Cases cited21 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
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3Cited by6 opinions
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Monck v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Irish v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Cherbuliez v. ParsonsNew York Supreme Court · 1908
- Coughlin v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.