Castle v. . Director-General of Railroads
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. Plaintiff’s intestate was guilty of contributory negligence as a matter of law. (Tucker v. N. Y. C. & H. R. R. R. Co., 124 N. Y. 308; Wieland v. D. & H. C. Co., 167 N. Y. 19; Swart v. N. Y. C. & H. R. R. R. Co., 81 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1920, affirming a judgment in favor of plaintiff entered upon a verdict. Plaintiff’s intestate was guilty of contributory negligence as a matter of law. (Tucker v. N. Y. C. & H. R. R. R. Co., 124 N. Y. 308; Wieland v. D. & H. C. Co., 167 N. Y. 19; Swart v. N. Y. C. & H. R. R. R. Co., 81 App. Div. 402; Burke v. N. Y. C. & H. R. R. R. Co., 73 Hun, 32; Dolfini v. Erie R. R. Co., 178 N. Y. 1; Hagglund v. Erie R. R. Co., 210 N. Y. 46; Knapp v. N. Y., N. H. & H. R. R. Co., 158.…
1Opinion of the CourtCrane, J.
On the 8th day of April, 1919, while Adolph Castle was walking west on Webster avenue in the city of North Tonawanda, N. Y., just north of Sweeney street and across the tracks of the New York Central Railroad Company, he was struck by an engine and train going southerly and killed. His wife, as administratrix, brought this action for alleged negligence of the railroad company in causing his death and at a Trial Term of the Supreme Court recovered a judgment which has been affirmed by the' Appellate Division, two of the justices dissenting.
A serious question has arisen with us upon this…
2Cases cited4 opinions
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Ploxin v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1917
- Ploxin v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by15 opinions
- Schrader v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1930
- Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
- Crowley v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1927
- Delaware L. & W. R. Co. v. RebmannCourt of Appeals for the Second Circuit · 1922
- Hooks v. New York Central RailroadDistrict Court, N.D. New York · 1963
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