Legal Opinion

Young v. Erie Railroad

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

Decided July 8, 1913PublishedCited by 3 opinions

Appeal by the defendant, the Erie 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 Erie on the 29th day of January, 1913, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial.

1Opinion of the Court

Merrell, J. :

Plaintiff’s intestate was found dead on the morning of November 22, 1910, a few feet from defendant’s track north of Felton street in the city of North Tonawanda, New York. It is claimed on the part of the plaintiff that her intestate came to her death by being struck by the north-bound flyer on the defendant’s road, which passed across Felton street, north bound, shortly before nine o’clock on the evening of November 21, 1910, and it is claimed that her death was caused by negligence on the part of the defendant company in driving its trains across said street at a high rate of…

2Cases cited3 opinions

  1. Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
  2. Culhane v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
  3. Phelps v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by3 opinions

  1. Eastern Air Lines, Inc. v. Union Trust Company, United States of America v. Union Trust CompanyCourt of Appeals for the D.C. Circuit · 1955
  2. Edna A. Bailey, as Administratrix of the Goods, Chattels and Credits of Arthur Bailey, Deceased v. The Baltimore and Ohio Railroad Company, Leon Metzler v. The Baltimore and Ohio Railroad CompanyCourt of Appeals for the Second Circuit · 1955
  3. Bailey v. Baltimore & Ohio RailroadCourt of Appeals for the Second Circuit · 1955

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