Durr v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 9, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was negligent in not keeping the crossing safe.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 9, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant was negligent in not keeping the crossing safe. (Allen v. B., R. & P. R. R. Co., 151 N. Y. 434; McKinney v. N. Y. C. & H. R. R. R. Co., 66 App. Div. 207, 209; Gale v. N. Y. C. & H. R. R. R. Co., 76 N. Y. 594; Lowell v. C. V. R. R. Co., 15 App. Div.…
1Opinion of the CourtChase, J.
The plaintiff fell while walking on a street in the city of Rome, at a place where such street is crossed by the tracks of the defendant’s railroad. This action is brought to recover damages for personal injuries received by such fall. At the crossing there are four sets of railroad tracks numbered *322one, two, three and four from the south. The sidewalk, as it approaches the crossing, is surfaced with gravel. The defendant, a few months previous to the accident, had raised its tracks and on each side of each rail it had placed plank level with the top of the rails. Between the plank, and also…
2Cases cited4 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Payne v. . Troy Boston Railroad Co.New York Court of Appeals · 1881
3Cited by3 opinions
- Gigliotti v. St. Stanislaus Kostka Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1999
- Decker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- Bruno v. City of MiddletownNew York Supreme Court · 1979