Byrne v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made June 27, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for personal injuries, alleged to have been caused by defendant’s negligence. Plaintiff was crossing the tracks of defendant’s road when she was struck by the rear car of a backing train and was injured.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made June 27, 1885, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for personal injuries, alleged to have been caused by defendant’s negligence. Plaintiff was crossing the tracks of defendant’s road when she was struck by the rear car of a backing train and was injured. This is the third time the case has been before this court. A mem. of the first decision may be found in 83 New York, 620; it is reported on…
1Opinion of the CourtEarl, J.
There was some controversy upon the trial of this action as to whether or not the place where the plaintiff was injured was a traveled public highway, and the trial judge submitted the ease to the jury upon the assumption that it was not. There was, however, evidence tending to show that there was an alley, at the place where the plaintiff was injured, which was extensively and notoriously used by the public, without any objection on the part of the defendant, or any question as to the right of all persons so to use it; *366and the judge charged the jury that it was a question for them to…
2Cases cited5 opinions
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Byrne v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1881
- Barry v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
- Sutton v. New York Central & Hudson River RailroadNew York Court of Appeals · 1876
3Cited by23 opinions
- Reardon v. ThompsonMassachusetts Supreme Judicial Court · 1889
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Davis v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1893
- Morrison v. CarpenterMichigan Supreme Court · 1914
- St. Louis S. F. R. Co. v. HodgeSupreme Court of Oklahoma · 1916
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