MacKay v. . New York Central Railroad
New York Court of Appeals
, Action for damages for alleged negligent killing'of the intestate by defendant; in December, 1864. It appeared on the trial of the cause that, at the time mentioned, deceased was crossing defendant’s track on a public highway in the town of Savannah, with his team and sleigh, from south to north, and an express train of defendant’s coming from the west came in contact with and killed him.
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, Action for damages for alleged negligent killing'of the intestate by defendant; in December, 1864. It appeared on the trial of the cause that, at the time mentioned, deceased was crossing defendant’s track on a public highway in the town of Savannah, with his team and sleigh, from south to north, and an express train of defendant’s coming from the west came in contact with and killed him. There were obstructions on the west side of the highway of high ground, a building, .and high piles , of wood extending on both sides, so near to the track that the train could not be séen by deceased…
1Opinion of the CourtPeckham, J.
Two points were raised by the defense on the motion for a nonsuit—only one of them is insisted upon here. It is not here urged that the defendant was not negligent. It is quite clear that there was evidence enough to go to the jury as to the proper and timely ringing of the bell—as well as in regard to the continuous blowing of the whistle, as required by the statute. There was a good deal of evidence of negligent omission as to both. There was also evidence that the defendant had deprived the public in a large degree of the power of protecting itself from danger by these piles of wood and by…
2Cited by18 opinions
- Missouri, Kansas & Texas Railway Co. v. RogersTexas Supreme Court · 1897
- Giraude v. Elec. Improvement Co. of San JoseCalifornia Supreme Court · 1895
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
- Dimmey v. Wheeling & E. G. RailroadWest Virginia Supreme Court · 1885
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