Legal Opinion
Lee v. Pennsylvania R.R. Co.
New York Court of Appeals
Decided November 19, 1935PublishedCited by 14 opinions
1Opinion of the CourtO’Brien, J.
A car owned and driven by a brother of Josie Lee, who was one of its occupants, overturned on defendant’s tracks at a point where they cross a highway. The others were able to extricate themselves from the car before defendant’s train bore down upon it, crushed it and killed Josie Lee, the sole remaining occupant, The collision occurred a few minutes before sunrise in August. There is evidence that daylight had broken, the track was straight for a mile, nothing obstructed the vision between the train and the overturned car and that the train was visible when it was at least a mile away.…
2Cases cited4 opinions
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
- Kawacz v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1932
- O'Brien v. . Erie R.R. Co.New York Court of Appeals · 1913
- Fierro v. New York Central R.R. Co.New York Court of Appeals · 1931
3Cited by14 opinions
- Kumkumian v. City of New YorkNew York Court of Appeals · 1953
- Incret v. Chicago, Milwaukee, St. Paul & Pacific RailroadMontana Supreme Court · 1938
- Wheat v. New Orleans and Northeastern Railroad Co.Supreme Court of Louisiana · 1964
- O'Connor v. G & R Packing Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Jasinski v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1964
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