Sheldon v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Curtis M. Sheldon, from a judg-' ment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oswego on the 12th day of April, 1911, upon the dismissal of the complaint by direction of the court after a trial at the Oswego Trial Term, and also from an order entered in said clerk’s office on the 1st day of May, 1911, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
South Second street is an important street in the city of Fulton, extending in a northerly and southerly direction, and the track of the defendant is laid in said street along its westerly side. Cayuga street intersects South Second street, and the station of the defendant is immediately north of this intersecting street.
On the 21st of March, 1908, the plaintiff, a farmer, drove a team of horses north along the easterly side of South Second street. The horses were about five or six years old, gentle and steady, and plaintiff daily delivered milk to the railroad station with them,…
2Cases cited1 opinion
- Doll v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- People v. MerryLowville Justice Court · 1958