McCarthy v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Agnes McCarthy, an infant, by her guardian ad litem, Frank McCarthy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 5th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Niagara Trial Term.
Read the full summary
Appeal by the plaintiff, Agnes McCarthy, an infant, by her guardian ad litem, Frank McCarthy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 5th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Niagara Trial Term. The plaintiff, who is an infant, brings this action to recover damages for personal injuries which she received by coming into collision with one of the defendant’s trains while -she was attempting to cross Ontario street, in the city of Lockport.…
1Opinion of the Court
Adams, J.:
It is conceded that the train which collided with the plaintiff was running at a rate of speed which was in excess of that permitted by an ordinance of the city of Lockport; and there is also some evidence tending to show that the flagman who was generally stationed at this crossing was not at his post of duty at the time of the accident. There was consequently sufficient evidence of the defendant’s negligence to have required the submission of that question to the jury, and so the trial court held, but the nonsuit was granted upon the ground that it affirmatively appeared that the…
2Cases cited6 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Wendell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Penny v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Serano v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1907
- Hill v. Baltimore & New York Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Serano v. New York Central & Hudson River RailroadNew York Court of Appeals · 1907
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Snider v. Rego Heat Corp.Massachusetts District Court, Appellate Division · 1937