Weber v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant. Plaintiff was traveling in the evening in a wagon along Perry street, in the city of Buffalo, which street is crossed by seven tracks of defendant’s road.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff through the alleged negligence of defendant. Plaintiff was traveling in the evening in a wagon along Perry street, in the city of Buffalo, which street is crossed by seven tracks of defendant’s road. These tracks were used in making up and dispatching freight trains as well as in the ordinary traffic. With this plaintiff was familiar. Defendant kept a flagman at this crossing…
1Opinion of the CourtAllen, J.
The defendant seeks a reversal of the judgment in this action: First, because of the refusal of the court' to nonsuit the plaintiff upon the ground that his own negligence contributed to the injury; and, second, upon exceptions to the charge to the jury. The duty of every individual using a public highway at railway crossings to exercise that *455degree of care and prudence called for by the peculiar circumstances, and proportioned to the danger of injury from a collision with a passing train of cars — such care and foresight as men of ordinary prudence would use if placed in the same situation —…
2Cases cited7 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Davis v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1872
- Gorton v. . the Erie Railway CompanyNew York Court of Appeals · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Vandewater v. New York & New England RailroadNew York Court of Appeals · 1892
- Welsch v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Norfolk & Western Railway Co. v. Wilkes' AdministratorSupreme Court of Virginia · 1923
- Vandewater v. New York & New England RailroadNew York Court of Appeals · 1892
10 more not listed; retrieve them via the Exa API.