Legal Opinion

Smith v. Lehigh Valley Railroad

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1904Published

Appeal by the defendant, the Lehigh Valley Railroad Company, from a judgment of the Supreme; Court in favor of the plaintiff, entered in the office "of the clerk of the county of Monroe on the 18th day of May, 1903, upon the verdict of a jury for $20,000, and also from an order entered in said clerk’s office on the 18th day of May, 1903, denying the. defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Stover, J.:

This case was before this court upon an appeal from a judgment rendered upon a former trial,* aind the facts, so far as they are material to the decision of this appeal, were substantially as those now appearing.

The accident occurred in the night time at a crossing near a station of the defendant’s road. The negligence of defendant is predicated upon the absence of signals of an approaching train running at a high rate of speed. It is claimed by the plaintiff that a blinding snow storm prevented his seeing the lights of the approaching train, although, under ordinary conditions, an…

2Cases cited1 opinion

  1. Smith v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1902

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