Barry v. New York Central & Hudson River Railroad
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered- upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of John J. Barry, plaintiff’s intestate, who was run over and killed in attempting to cross defendant’s tracks in the city of Troy.
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. Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered- upon an order made December 16, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence causing the death of John J. Barry, plaintiff’s intestate, who was run over and killed in attempting to cross defendant’s tracks in the city of Troy. The material facts, are stated in the opinion. As the deceased was, when killed, , on defendant’s land, by its license implied from the habit of workmen and others…
1Opinion of the CourtAndrews, J.
If the absolute legal right of the intestate to be upon the track of the defendant at the place of the injury was a material question in the case, it may have been error in the court to have submitted to the jury to find whether such right existed under the deed from Cushman and Morton to Paine and Buell. But we are of opinion that the question was quite immaterial to the determination of the controversy. It is undisputed that the owners of lots abutting on the railroad at this point had a right of way across the defendant’s tracks, and that for more than thirty years the public were in the…
2Cases cited2 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- McGovern v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3Cited by25 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
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