Legal Opinion
Fischer v. New York Central Railroad
New York Supreme Court
Decided January 2, 1947PublishedCited by 3 opinions
1Opinion of the CourtBbrgan, J.
This ease requires an examination again of that delicate problem which has had so long and controverted a history in the New York courts: When, in a railroad crossing accident, the issue of contributory negligence of the deceased is to be left open for the determination of the jury.
Ernest Hoppe was the owner of an automobile. On March 21, 1943, he was riding in the automobile, then being driven by Fritz Kuebler. In crossing the tracks of the Wallkill Valley line of the New York Central Railroad on a private crossing-near Binnewater in Ulster County, the car was struck by a train. Hoppe, the…
2Cases cited10 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Gochee v. WagnerNew York Court of Appeals · 1931
- Schrader v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1930
- Crough v. New York Central R.R. Co.New York Court of Appeals · 1932
- Chamberlain v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1924
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3Cited by3 opinions
- Hogeboom v. ProttsAppellate Division of the Supreme Court of the State of New York · 1968
- Hooks v. New York Central RailroadDistrict Court, N.D. New York · 1963
- Russell v. FuscoAppellate Division of the Supreme Court of the State of New York · 1999