Zimmer v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from ail order of the Special Term, denying a motion for a new trial upon a ease and exceptions, and also an appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, in an action for injuries caused by the defendant, resulting in the death of the plaintiff’s intestate.
1Opinion of the Court
E. Darwin Smith, J.:
At the close of the plaintiff’s evidence a motion was made by the defendant’s counsel for a nonsuit, which was denied and an exception taken, and the same motion was renewed and denied at the close of the defendant’s evidence and exception duly taken.
These exceptions present the only question raised in the case for our decision.
The place where the accident occurred was at a railroad crossing of a public and much traveled street in the city of Rochester. No flagman was watching and guarding the crossing at the time, though he was customarily employed there in the daytime.…
2Cases cited3 opinions
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- McGrath v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Shoemaker v. Glen Falls InsuranceNew York Supreme Court · 1869