Martin v. New York Central & Hudson River Railroad
New York Supreme Court
Motion for new trial on exceptions. Action by Frank B. Martin against the New York Central & Hudson River Railroad Company, Judgment of nonsuit, after which plaintiff moved for a new trial on exceptions directed to be heard in the first instance at the general term. Motion denied, and judgment directed for defendant.
1Opinion of the CourtLewis, J.
This action was brought to recover damages for injuries sustained by the plaintiff, caused by his coming in collision with one of the defendant’s engines at a highway crossing. Defendant’s negligence was established. The plaintiff was nonsuited because he failed to show himself free from negligence contributing to his injuries. The undisputed evidence showed that the plaintiff approached the crossing upon the highway in an open wagon drawn by a gentle, manageable horse, in the daytime. He stopped at the distance of 180 feet from the crossing, and looked and listened, and, not seeing or…
2Cited by1 opinion
- Crandall v. Lehigh Valley RailroadNew York Supreme Court · 1893