Griffith v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the. plaintiff, Jennie A. Griffith, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendants, entered in- the office of the clerk of the county of Queens on the 29th day of November, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Queens County Trial Term.
1Opinion of the Court
Rich, J.:
The plaintiff’s intestate was killed by an- electric express train at the Broad Channel station on the Rockaway trestle on the night of July 19, 1908. At the close of .the evidence the complaint was dismissed as to both defendants, upon the ground that the -plaintiff had failed to establish decedent’s freedom from contributory negligence, the court further stating that as to the defendant Brooklyn' Union Elevated Railroad Company the proof was insufficient to sustain a finding that the tram causing the death of the plaintiff’s intestate was under its man agement and control. From the…
2Cases cited6 opinions
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Foley v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
- Baxter v. Auburn & Syracuse Electric RailroadNew York Court of Appeals · 1908
- O'Reilly v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by3 opinions
- Matutinovich v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1918
- Fraser v. StateNew York Court of Claims · 1920
- Griffith v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1912