Legal Opinion
Woloszynowski v. N.Y.C.R.R. Co.
New York Court of Appeals
Decided July 8, 1930PublishedCited by 36 opinions
1Opinion of the Court
The action is one to recover damages resulting in death.
The boy struck by the defendant's engine went upon the tracks after the lowering of the gates, and stood there in the path of the train and within the overhang of the engine without looking to the right or left.
He was without privilege to be there (Nelson v. Lake Shore M.S. Ry. Co., 185 App. Div. 174; Hatch v. Lake Shore M.S.Ry. Co., 219 N.Y. 650; Keller v. Erie R.R. Co., 183 N.Y. 67), for the defendant in effect had given notice to him and to all others that until the raising of the gates the exclusive use of the crossing would be…
2Cases cited8 opinions
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
- Keller v. . Erie Railroad Co.New York Court of Appeals · 1905
- Bragg v. Central New England Railway Co.New York Court of Appeals · 1920
- Wright v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1928
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Rottman v. BeverlySupreme Court of Louisiana · 1935
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Newton v. PacilloLouisiana Court of Appeal · 1959
- Panarese v. Union Railway Co.New York Court of Appeals · 1933
- St. Louis Southwestern Railway Co. v. SimpsonSupreme Court of the United States · 1932
31 more not listed; retrieve them via the Exa API.