Kelley v. New York State Railways
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 20, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in its charge to the jury wherein it held that sections 329 of the Highway Law and 1425, subdivision 11, of the Penal Law, did not apply to this case. (U. P. Ry.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 20, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in its charge to the jury wherein it held that sections 329 of the Highway Law and 1425, subdivision 11, of the Penal Law, did not apply to this case. (U. P. Ry. Co. v. McDonald, 152 U. S. 262; Hayes v. M. C. R. R. Co. 111 U. S. 228; Jetter v. N. Y. & H. R. R. Co., 2 Keyes, 161; Haegi v. P. & N. Y.…
1Opinion of the CourtCuddeback, J.
The plaintiff in this action has recovered judgment against the defendant for personal injuries sustained, as it is alleged and found, through the defendant’s negligence.
The plaintiff when injured was running a steam roller on the highway. The place was not within the limits of an incorporated village or city. The time was a little after sunset or night time, as defined by the Statutory Construction Law. The plaintiff was on the south side of the highway going west. He saw one of the defendant’s cars approaching from the west, about half a mile distant. He attempted to run the roller across…
2Cases cited1 opinion
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
3Cited by17 opinions
- Martin v. HerzogNew York Court of Appeals · 1920
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Dicaprio v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- Townsend v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1921
- Stern v. Great Island Corp.Appellate Division of the Supreme Court of the State of New York · 1937
12 more not listed; retrieve them via the Exa API.