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