Zaun v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emma Zaun, as administratrix, etc., from a judgment of the Supreme Court in favor.of the defendant, entered in the office of the clerk of the county of Nassau on the 16th day of October,. 1909," upon the dismissal of the complaint, by direction of the court, after a trial at the Nassau Trial Term, and also from an order éntered in said clerk’s office on the 18th. day of September, 1909, denying the plaintiffs motion for a nexv trial made upon the…
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Appeal by the plaintiff, Emma Zaun, as administratrix, etc., from a judgment of the Supreme Court in favor.of the defendant, entered in the office of the clerk of the county of Nassau on the 16th day of October,. 1909," upon the dismissal of the complaint, by direction of the court, after a trial at the Nassau Trial Term, and also from an order éntered in said clerk’s office on the 18th. day of September, 1909, denying the plaintiffs motion for a nexv trial made upon the minutes.
1Opinion of the Court
Burr, J.:
This action was brought to recover for the pecuniary injury resulting from the death of William Zaun on the 7th of July,1908. He was killed a.t the junction of Bayview avenue and the tracks of the Long Island railroad. At that point the tracks run approximately east and west. • The deceased was approaching, the tracks *720from the south, riding upon a bicycle. The first track that he would come to was the track upon which the east-bound trains, run ningfrom Héw York to Patchogtie, pass.:. Over.the more northerly track trains passed in a westerly direction, running from Patchogue to Hew…
2Cases cited2 opinions
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Turck v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Hooks v. New York Central RailroadDistrict Court, N.D. New York · 1963
- Latourelle v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1949
- Latourelle v. New York Central RailroadNew York Court of Appeals · 1950