Clark 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 an order of the Supreme Court; made at the Schenectady Special Term and entered in the office of the clerk of the county of Montgomery on the 25th day of November, 1895, granting the motion of the plaintiff for a new trial on the ground of newly-discovered evidence;
1Opinion of the Court
Merwin, J.:
The jdaintiff, in this case, sought to recover damages for the death of her husband, Horatio N. Clark, which was, as she claimed, caused by the negligence of the defendant.
In the afternoon of May 7, 1894, at a highway crossing at or near-a station of the defendant, at Auriesville, in the county of Montgomery, the said Clark, while attempting, with a horse and wagon, to cross the tracks of the defendant, was struck by a train of the defendant and killed. The claim of the plaintiff is, that. the defendant was negligent in not giving sufficient signals of the approach of its train.…
2Cases cited6 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Glassford v. LewisNew York Supreme Court · 1894
- Durant v. AbendrothNew York Supreme Court · 1888
- Clegg v. New York Newspaper UnionNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hagen v. New York Central & Hudson River RailroadNew York Supreme Court · 1904
- Tarbell v. FinneganAppellate Division of the Supreme Court of the State of New York · 1900