Parsons v. Syracuse, Binghamton & New York Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Syracuse, Binghamton and New York Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 6th day of June, 1908, upon the verdict of a jury for $8,500, and also from an order entered in said clerk’s office on the 30th day of June, 1908, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Syracuse, Binghamton and New York Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 6th day of June, 1908, upon the verdict of a jury for $8,500, and also from an order entered in said clerk’s office on the 30th day of June, 1908, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff’s intestate was killed by being struck by an engine running without a train on the evening of October 10, 1906, while driving a single horse and carriage…
1Opinion of the Court
Chester, J.:
In order .to maintain his case the plaintiff was permitted to prove, under the objection and exception of the defendant, that on ten or eleven previous occasions the plaintiff’s intestate when driving over this same crossing had stopped and looked up and down the track, or had used other precautions to guard against approaching trains. One witness was permitted to testify, under like objection and exception, that he had seen the deceased on approaching this crossing oh previous occasions stop and look up and down ; that he did pot see him very-often, but occasionally, perhaps…
2Cases cited9 opinions
- Missouri Pacific Railway Co. v. MoffattSupreme Court of Kansas · 1899
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Eppendorf v. . B.C. and N.R.R. Co.New York Court of Appeals · 1877
- Dalton v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1901
- Pruey v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wallis v. Southern Pacific Co.California Supreme Court · 1921
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Knight v. Baltimore & O. R.District Court, W.D. New York · 1948
- Grenadier v. Surface Transport Corp.Appellate Division of the Supreme Court of the State of New York · 1946
- Parsons v. Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.