McGrath 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 denying a motion for a new trial and directing a judgment upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order denying a motion for a new trial and directing a judgment upon a verdict. (Reported below, 1 Hun, 437; 3 N. Y. S. C. [T. & C.j, 776.) This action was brought to recover damages for injuries sustained by plaintiff while traveling upon a street in the city of Albany and crossing a branch track of the Rensselaer and Saratoga railroad which was used by the defendant. Plaintiff’s wagon was struck by a train of cars belonging to defendant and he was thrown out and injured. On the…
1Opinion of the CourtAndrews, J.
The judge, on the trial, allowed the plain- ■ tiff to testify that, at the crossing where the injury happened, it had been the custom of the railroad company to keep a flagman, and that at the time of the injury in question there was no flagman there. The plaintiff crossed the railroad at this point frequently, and had seen the flagman at 1ns post. The proof as to the flagman was objected to by the defend-, ant, but it was admitted by the judge, as a circumstance bearing upon the plaintiff’s, negligence, and in his charge he stated to the jury that the evidence as to the flagman was only…
2Cases cited3 opinions
- Beisiegel v. New York Central RailroadNew York Court of Appeals · 1869
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Gorton v. . the Erie Railway CompanyNew York Court of Appeals · 1871
3Cited by7 opinions
- Munson v. New York Central & Hudson River RailroadNew York Supreme Court · 1900
- Wythe v. MyersU.S. Circuit Court for the District of Oregon · 1876
- Munson v. New York Central & Hudson River RailroadNew York Supreme Court · 1900
- Jones v. NewtonNew York Supreme Court · 1894
- Draper v. Town of SpringportDistrict Court, N.D. New York · 1883
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