Goodrich v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie 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 Broome on the 21st day of February, 1917, upon the verdict of a jury for $2,300, and also from an order entered in said clerk’s office on the 24th day of January, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
H. T. Kellogg, J.:
The plaintiff was injured in a collision with a train of the defendant which was coming easterly at the rate of. fifty miles an hour on the southerly track of a set of two tracks which at the point of the accident extended easterly and westerly. He was driving down his own private farm crossing; which approached the tracks at an acute angle from the northeast. *190He was standing in the middle of a hayrack upon a farm wagon which was being drawn by a pair of gentle farm horses. He stopped his horses to talk to his son at a point where the fore feet of the horses were about…
2Cases cited2 opinions
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Getman v. . Delaware, L. W.R.R. Co.New York Court of Appeals · 1900
3Cited by1 opinion
- Caledonian Insurance v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1927