Tinker v. New York, Ontario & Western Railroad
New York Supreme Court
Appeal from circuit court, Chenango county. Action by Mary A. Tinker against the New York, Ontario & Western Railroad Company for personal injuries. From a judgment dismissing, the complaint on a nonsuit directed by the court, plaintiff appeals.
1Opinion of the Court
MERWEN", J.
On the morning of September 6,1890, the plaintiff, with her husband and two daughters, was riding in a two-horse carriage along a highway that ran nearly east and west, and that the railroad of the defendant intersected at about right angles at a point called “Nearing Crossing,” about one mile south of the station at Smyrna. As they proceeded westerly across the railroad track at this crossing, and just after they crossed it, the team became frightened, and suddenly turned to the left, running one wheel of the carriage upon the bank at that point, and operating to raise one side of…
2Cases cited10 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Babbage v. . PowersNew York Court of Appeals · 1891
- Flynn v. . TaylorNew York Court of Appeals · 1891
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3Cited by2 opinions
- Tinker v. New York, O. & W. Railway Co.New York Supreme Court · 1895
- Mullen v. Village of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1896